TFL 35 LIC 01 September 8, 1959 - gov.bc.ca
Transcript of TFL 35 LIC 01 September 8, 1959 - gov.bc.ca
THIS AGREEMENT made in duplicate this........ L&s?!. . . . . . . . .
day of:&y&.Q;cA . . . . . . . 5n the year of Our Lord One Thousand Nine
Hundred and Fifty-nine,
RETWREN:
THE MINISTER OF LANDS AND FORESTS of ths Rorince of British Columbia, who, with his succemmrs in office, is
hereimf+,er caI.Ied "the Minister", of the one part,
AND
B.C. INfERIoR SAUMILIS LTD., a Corporation duly incorporated under the lawe of the Province of British Columbia, and having ita registered office in tb City of KamIoopa, in the said Frovince,
hereineftm called "the Licensee", of the other part.
WHRRRAS by Subsection (2) of Section 33 of the "Forest Act",
being Chapter I28 of the Revised Statutea of British Colmbia, 1948 and
nubsequent amendments, it is provided that the Minieter may by agreement
grant e tree farm licence to any person for the management of Crown lalds
specified laths agreement,, reserved to the sole UBB of the Licensee for
the purpose of growing continuousIy successive crops of fore& products
to be barvested in approximately equal annuel or periodic outa squalling
the sustained yield capacity of the lands in the area oovered by the licence,
or mey enter into en agreement to be known as a tree farm licence with the
ovner of other tenures to combine such other tenures and Crovn foreat lands
into e single unit reserved by mutual oonsent and egremnt to the sole uee
of the Licensee fortbe like purpose:
AND UE3RW.S the oonditions precedent to the issuance of this
liwnoe, as set forth in said Section 33, hex% been complied with to the
satisfaation of the Licenear:
NOW THIS IIiDENprmE WITNESSETB THAT pursuant to Seotion 33 of
the “Forest Act" and in consideration of the payments, agreerents and
stipulations to be made and observed by and on the part of the Lieeneee
(LLI bereimfter nentiollsd, the Minister doth hereby grant unto the licensee
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tb management of the Crown lands speoified In Schedule "B" to this agreement,
which land6 are reserved to the sole use of the Licensee far the purpose of
growing continuously aacceasive crops of forest products to be harvested in
approximately equal annual or periodic cuts eqmlling the sustained yield
capcity of the said lands:
And in aouslderation of the premises, IT IS AFXEBI AGREE4 AS WIUJUS:
1. This tree farm llcenca may be referred to ac the nJamieson Creek
Tree Farm Llcencen and is mmbered Thirty-five (35) on tb Forest Service
register of tree farm licences and 011 the official atlas maps of the
Department of Lwds and Forests.
2. Thlr llccnce is given for the maintenance of the manufacturing
plant or plants owned and operated by the Licensee. Said plant or plants
shall be capable of using the allowable cut from the licence area, and such
plant or plants shall be maintained in operation in sufficient continuity
to we the wood product of the licence ammally. Notwithstanding the
provisions of thla cleuae, the Minister may, for good and snfficieut reaaona,
at his disoretion, In writing, afford such relief frap the provisions of
this cleotlon an he may EM fit.
3. The Licensee shall manage the licence area in accordance with
the provision8 of the said Section 33 of the "Porest Act? and of regulations
under the said Act for the regulation of tree farm licencee, and in accord-
ance with the mauagement working plan applicable thsreto9 for the purpose
of growing continuously successlre cropa of forest products to be harvested
in approxtitely equal annual or periodic cuts equalllng the custalued yield
capacity of the licence area.
4. The term of this licence shall be 21 years from ths date of this
agreement, subject to ths provisionc of the “Forest Act", ths regulationc
made thereunder and the provisions of this agreement, and cwpliance with
the management working plan. This licence shall be renawab1.s but subject
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to remgotlatlan of the terms ard conditions of the contra& according to
the provieions of the "Poreat Act" and the regulations in force at the time
of the application for renewal.
5. The licenca me8 includes all Crown lande not otherwise alienated
at this date, ae set forth In Schedule "B" hereto9 together with alIt ths
lands -d or eontrolled by the Licensee, as set forth in Sahedule "A"
hereto, both of which are shown outlined in bold black llm ou the plan
attached hereto9 subject, however, to any increase, decrease, re-allocation
or exchange of lands a# provided by this agreement or by subsection (14)
of Section 33 of the "Forest Act"; and ln addition It includes any and all
lands that may be subsequently acquired by the Licensee and incorporated
into said Schedule "A" pursuant to Clause 7 hereof, provided also that any
lands included In Schedule "An9 the title or interest to which reverts to
the Crown, or which the Licensee elects to revert to the Crown, &all be
ooneldered (18 being included ln Schedule W firm tim time of aueh reversion.
6. The Llcense8 hereby deolaree that it owns or control8 the cuttiag
rights on each parcel of the lands Listed and described in Sohedule "A"
hereto.
7. The aoqulsitlon by tbs Lloensee of fore.& lands excepting only
cutting rights offered by the Forest Service for ccmpetltive sale, subsequent
to ths lsauanae~ of this llcence ahallp pursuant to aubeectlon (9) of said
Section 33, be reported to the Minister, and such forest lends shall te
included forthwith ln the lloence area end be incorporated in Schedule "A"
hereof to the extent required by said subseotion (9). Aoquis%tlon, aa
need harein, shall be deemed to inelude other tenures aa defined hereinafter.
8. For the purposes of eubaectlon (8) of Se&ion 33 of the "Fm-est.
Act" t the vatershed and drainage basins relating to this llwnoe are deflnsd
a8 the watershed of weeks floving into the Horth Thompson River along its
right bank between aad lncludlng the uetersheds of Skull Creek and lanes
Creek.
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9. TheHinistarrrmy fkcmtimetotima withdraw fiomt.heCromlands
included in the licenoe area such lands as are required for forest axper-
imental purpwss, parks, or for aesthetic purposes; but tlm la&s so with-
drawn shall not exoead one per cent of the total area of lands in the licencs
area without tim consent of ths Licensee, and no land shell be withdrawn frcan
areas being developed under the current cutting plan without the coneent of
the Licensee. Any such withdrawals shall be deducted fYom Sohedule "B".
10. If at any t&lo, or frcm time to timet part of the Crown lands
within the tree farm area is found to be required for a higher econcanic use
than raising forest crops, op for any ~88 deemed to be eaaantial to the
public interest, said lands may be withdrawn Ppan the licence area by the
Ministar, provided that if by cm& withdrawal the productive capacity of
the licenw area Is dimin%shed by more than one-half of ona per cent of
its total productive aapaeity, othsr IaLands, if available, will be added to
the liwnce area in substitution therefor. Any suchwithdrawala shall be
deductad from Schedule "Bnt and any such additions ehall be added to
Schedule "B". For the pmposas of this section, tb develo~nt of mines
and mineral prospects lnay be deemed to be essential to ths public interest.
11. It is expressly nnderatood that the Minister may at his discretion
and at any time, either permanently or fur a specified time, withdraw from
this licence and frcm ths licence area any Crown lands needed for rights-
of-way under part VI of the "Forest Act", or for railway, highway, powsr
transmission, or other right-of-way purposes , and such lands will be deducted
fran Schedule "B".
12. In the event of the withdrawal of a~ lands from the lieence MC)B
pursuant to Clauses 9, 10, 111 and 14 hereof, the Minister may require the
Licensee to rep1ove Prom such lands within one hundred and twenty days there-
after all timber then cut thereon and all buildings, machinery, equipment,
and other property placed by it thereon and which is capable of removal.
Compensation &all be paid to the Licensee in respect of improvements
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capable of rmcnal horn ths 1~4s so withdrawn to ths extent only of tbs
cost of rsmmal and damage incidental thsreto; and compsnsation shall be
paid to the Llosnsae in respsct of improvsmsnts rat capable of removal on
the basis of cost less depreciation.
Without llmlting the gansrality of the foregoing, the term
'%qmvemnts" meens all bulldlngs, structures, flxttwes, aad things eractsd
upon or affixed to suoh lauds and shall inelude machimry, boilers, tanks,
pipes, dsms, flus, roads, railways o transmission linss, and other works
used ln conneotion with the business of the Licensee. ImpFovemsnts shall
also mean areas artificially reforested by planting or seeding, ccmpensatlon
for which shall bs the cost incurred In the act of reforesting.
If ths amount of canpsnsatlon payable to the Licensee is not
agreed upon, thsn such amount shall be appraised and awarded by a single
arbitrator in case the Licenser aad Licensee agree upon one; otherwise ky
three arbitrators, one to be appointed by ths Minlstsr, ens to bs appointed
by the Licensee, and the third to bs appointed by writing under the hands
of the two appointsds such apbitratlon to bs in accordanoe with ths pro-
rislons of ths "Arbitration Act" of the Province of British Columbia. In the
event that both parties ars unable to agree on a third arbitrator, ths Chief
Justice of ths Sapreme Court of British Colmbia shall be raqusstsd to make
an appointmant.
13. If at any times or from time to time, part. of the lands inaluded
in Schadula "An is found to bs required for a higher economic uas than
raidng forest crops, said lands may be withdrawn from the licence arsa at
the request of the Llosnses and on ths consent of tbs Minister, aad after
such withdra!ial such lands will bs deductsd fran Schedule "A" and shall bs
disposed of by ths Licenses for the purpose for which they wsre withdrawn.
14. Where tbs llcencs includes within the described boundaries a
belt or eree of non-productive land surrounding or adjacent to the productive
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forest land of the liceme, any cm all of such non-productive land may be
WitMrewn from the licence at ths pleaaum of the Minister.
15. Other tenures included in this tree farm licence shall not be
sold, transferred, or otherwise disposed of except as hereinbefore provided
or except a8 provided in Section 33 of the "Forest Act".
16. This licemeg insofar as Crovu lauds in Schedule "B" are concerned,
shall not be considered to limit the uee of the lands at the discretion of
the Minister for othep purposes such as mining, trapping, hunting, fishing,
hydroelectric devalogment,or any UBB that does not materially prejudice
the rights grantad to the Liaensee to employ the use of the lands for the
growing and harvesting of forest products under ,the terms of this liceme.
17. It is uadsrstood and agreed be~twean the part&a hereto that any
right.8 under this agreement in respect of Crown lends do not include any
riparian or foreshore rights? and all such rlparlan and foreshore rights
vested in ths C~ovn In raspeat of the said Crown lands mentioned in this
agreement shall remain in the 881~ status as if thfs agreement had not been
entered into, and the Licensee shall have no rights or claims wbatsoevsr in
respect thereto b,y virtue of thla agreemsnt.
18. The Minister may direct the Licensee to have surveyed and defined
on the ground, and at the Lfcensee"s expense, any or all the boundaries of
the licence area which he may deem necessary to have so surveyed and defined.
In the event of failure of the Licensee to complete any such em-wy within
time limits set by the Minister, the I'Itiister may cause the survey to be
made and the costs shall be charged to and be payable forthwith by ths
Licensee.
19. As a first essential to the primary object of sustained yield
management of this licence9 it is agreed that all potentially productive
forest land within the licence area shall be kept by the Licensee in growing
stock as provided in Clause 20 hereof, and adequately stocked in accordance
with stindards to be defined from time to time by the Forest brvice for
landa of a canparable site quality in Brftlsh Columbia.
20. Ally landa in the licencs area denuded before the data of this
agreement which are found to bs stocked below the minimum etandards defined
by the Fcrest Service as provided in Clause 19> above, shall be classified
aa to site quality and those determined by the Forest Service to be of a
site quality Index equal to OT better than 80s unless in the cplnlon of the
Minister they are occupied by an advanced growth of brush, or otherwise
in such condition as to make planting operations economically impractical,
shall be reforested by the Licensee by artificial means with .!I merchantable
species suitable to the locality et a rate per year of not less than one
thousand acres, or ten per cent of the total acreage of such lands, which-
ever is the lesserp all to the satisfaction of the Licenser.
The Licensee further agrees that lands of site quality index
better than 110 denuded after the date of this agreement, and not fowd to
be restocked satisfactorily five years after lcggIngs will be artificially
regenerated by the Licensee before the end of the seventh yuer after logging;
and that lands of site quality Index between 130 and 110 not found to be re-
stocked satisfactorfly efght years after logging, wI.ll be artificially
regewrated by the Licensee before the end of ths tenth year after logging,
all to the satisfaction of the Licsnscr. Where In the opinion of the Chief
Forester there is a danger of brush encroachment, earlier action then spec-
ified above may be requfred b the Licenser.
21. On failure of the Licensee to ccmp;ly with ths provisions of Clause
20, the Minister, his servants or agents, may enter on the lands In respect
of which the Licensee is in default, and restock them9 and ths cost thereof
shall be recoverable by the Crown from the Licensee and may be taken in
whole or in pert frcm the deposit referred to In Clause 35 hereof.
22. The operations covered by the Licence shall be managed in
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acaordanae with the currently approved management working plan, eaah of
vhiah in turn (II approved for each auacesaive period is hereby incorporated
into end made a pert of thia agreement.
23. Management working plane will be approved for suoh period as
the Chief Forester may decide, and will be subject to revision ae set forth
in the said plans.
21. Revised management working plane she.11 be suhnitted for the
approval of the Chief Forester not later then aix months prior to the expiry
of currently approved plane.
25. The objeat of each succeeding plan shall be to implement the
primary object of the licence; i.e., eustained yield in equal annual or
periodic cuts, and may embody any method of attaining that objective that
over a reasonable period of years is likely to prove economically feasible,
that Is approved by the Chief Forester , and that ia not inconsistent with
the spirit and intent of the eat and regulations. In preparing the manage-
ment working plan, advantage shall be taken of all available data and
experience.
26. Should it appear at any time to either party hereto necessary
or expedient in ceee of emergency to increase or decrease the rate of
ontting aontamplated by the cutting budget then In effect, or to alter
the cutting plan then being obaemed, then, subject to the approval of
the Chief Fore&w, emergency revision of the management working plan will
be undertaken npon the request of either the Licensee or the Chief Forester.
Wit+out limiting the generalities of the preceding paragraph,
cause for revision on account of emergency conditions will cover such thinga
so fire damage of major propcrtione , serious windthrow, insect or disease
attacks, serious damage to the Licensee's manufacturing plant, or other
catastrophe of great aixnent, or should there occur a national emergency
brought about by war, or an economic depression eevere enough in the opinion
of the Minister to justify revision of the Management Working Elan.
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27. Ia the prooese of harvestlug ths crop frm tlm lloeace area,
regerdless of the temao of the land from whiah it 1s hervested, the Llceneee
ehall provide the opportunity for contractors , other then the Licensee's own
employees or shareholders who own more than one percent interest to harvest
e rollrme equivalent to a minimum of fifty per oent of the allowable cut from
Crown landa not held under other tanore but where the Mlnlstsr le satlefled
thet euch contract operation is not feasible, either by reaeou of lack of
operators or for other good and sufflalent reaeou, the Hlnlstar may relieve
the Llceneee in whole or ln pert fiwm this responaiblllty.
28. In the event of the develment on the llcence ema of lnjurloua
inmate in malbbrs which in the opinion of the Nlnleter will seriouely reduce
the current or future allowable annual harveet of wood, end which ln tlm
opinion of the Minister can be controlled, then the Licensee and Llcensor
ehell t&e euch control measures 88 may be mutually agreed upon, or the
Licensee shall take ouch control meaeuree as the Minister shall direct,
provided that the cost of such controlmessuree to the Llceneee at his own
expense in any om calendar pear shall not exceed one-half the cost of suoh
coxtrolmeasures incurred during that calendar year, orthefotalstumpago
value of that year's allowable cut, whichever may prove to be the Isseer.
For the purposes of this clause , the stumpage value shell be the rslue
appraised by the Forest Service.
29. In the event that mutual a@eement cannot be reached betueen
the parties hereto ae to the sustained-yield cutting capacity or (1.9 to
the sequence or methods of cutting to be employed at the time an mergemy,
or any other revision of the cutting plan or cutting budget 1s tuxk%aken,
the Llceneor shall determine the permissible cut and the plan and methods
of outting.
30. The Lleensee, ln his logging operations on the llcence area,
shall at all thee maintain at least as high a standard of utlllentlon
ae, in the Chief Foresterls reasonable opinion, ie be- malnt&ned by wll-
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conduot&id logging operationa in the Ramloops Forest District.
31. Cntt~ on tlm lioenoe erea shall be done only In accordance
with the management working plan, and only after notice of intent has been
gfven to the Chief Forester and a cuttiag permit has baen issued. Such
onttlng permit shall be leened by the Chief Forester if the propowd outting
is in keeping vith the provisions of this llcence and the management working
plan. If the proposed cutting la to be on other tenurea, the cutting permit
will 00nstitut.e the Minister's 00 rvmrrence that the cutting is according
to plan end epeoify cmoh other detail8 d he may deem necese8ry, such details,
hovwer, aluaystobe inkeeplnguithths groviaione of the management working
plan and this agreement. If o&t&g is on Crown lands not held andsr other
tenures, the cuttlng permit will, in addition, fix the stqge in accordance
with snbeeotion (20), Section 33 of the "Fore&. Act". Any cutting not covered
by a cutting permit will be deemed to be in trespass aad the Licensee ahall
be assessed (I srrm by the Hlnleter in respect thereof in an amount not In
exoeee of tlm ralus of the loge or other product eo out or wasted or destroyed.
32. Tlmbermerks shall be seoured by the Uaeneee andmarking carried
out ae required by Part IX of the "Forest Act".
33. All timber harvested on the licenoe are.3 shall be sosled in cubic
feet and otherwlee in all reaps&r in accordance with the prorlslono of
Part VIII of the "Fore& Act".
34. Tt&er and wood out frm lands included in this lioenoe, regardleea
of the tenure of the lands, shall be enbjeot in all respects to the pro-
visions of Pert X of the "Forest Act" insofar as they relate to lands
granted after the l2thdey ofMarch1906.
35. The Licensee herwith deposits, par-t to eabssotlon (6) of
Section 33 of the "Fimest Act", the am of One Thoueald Dollars ($l,OCQ.OO),
receipt of vhioh is achowladged and will supplement this d-sit. b the
pawent of ten cents on each OIY) hundred oubio feet of wood harvested, but
the em total of deposits held at any one time by the Lloeneca under this
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clause shell not emeed Two Thousand Dollars ($Z,OOO.OO). In the event that
the emount of tim deposit becomes lose then One Thouband Dollnrs ($l,OOO.W),
the Lioeneee will forthwith deposit sufficient money with the W5nlater to
briag tbs total emormt up to One Thousand Dollars ($l,OOO.oO), and thereafter
will supplement the deposit by the payment of ten cents on eeoh one hundred
cubic feet of wood harvested to bring the total emouut up to Two Thousand
Dollars (k,OCW'O). The eald deposits shell be held for tIm pmpoee of
ensuring aamplienue on the pert of the Licensee with the terms of the "Forest
Act", the regulations made thereunder, this agreement, the management work*
plea, and enypermitiseuadpurauenttothis agreement.
36. The Llceneee agrees to pay attrmpage on all merchantable wad cut,
wasted or removed by the LlcenseeW his agent.8 OII or fiam that pert of the
llcenoe eree described in Schedule '9" hereto9 88 provided in this agreement,
the "Forest Act" and tim cutting pswlt.
37. Starting onths first day of Jarmary next following the date of
this agreement, the wood harvested Prom the licence eree in eny o= year
shell not be less than fifty psr cent and not more then one hur&ed and fifty
per cent of the approved anuual ant, end ahell not very more then ten per
cent from the totel approved cut over a period of five yeers.
38. Damages, recoverable in full or in pert from the deposit made by
the Licensee tier Clause 35 hereof, may be assessed by the Winietar for
failure to observe the provisions of Clause 37 of this Indenture, as follows:
(a) The hill stumpsge value as appraised by the Forest Service on the
quantity of Umber by which the year's cut falla below fifty per cent of the
approved annual cut.
(b) Double the stumpage value as appraised by the Forest Service on
the quantity of timber by which the year's cut is in exoeea of one hundred
and fil'ty per cent of the approved annual cut, whether cut W~I Crown lauds
or fhm other tenures.
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(c) Should the total ant over five coneemtive years vary more than
ten per cent over the tote1 of the five years' approved cut, e mm per one
hundred cubic feet double the stumpage ee established for the fifth yuer of
the period, will be assessed by the Minister on the amount cut over the ten
per cent allowence9 whether cut from Crown lend or fran other tenures. Should
the total cut ovv five consecutive years vary more than ten per cent under
the total of the five years' approved cut, e ann per one hundred cubic feet
equal to the stumpage as established for the fifth year of the period, will
be aeeeaeed by the Minister on the exwunt cut under the tan per cent allowance
whether cut from Crown land or f'rau other tenores.
(d) Should tbs total cut over ten consecutive years, including the
five-year period referred to in (c) above, very less then ten per cent Prom
the total of the ten-year cutting budget es approved in the working plan,
the demegs assessed in paragraph (c) above, if any, will be refunded.
(e) For tba purposes of this paragraph, stompage shell be appraised
on the eeme baais end in the eeme mennor es provided in Clenee 31 hereof.
(f) Any damages provided for in any cutting permit mentioned in
Clause 31 meg be deducted from the deposit mentioned in Clause 35, and
thereupon the Licensee shell forthwith deposit with the Hiniater sufficient
moneys to make the said deposit equal to the amount of deposit thus required.
(g) In ths event that the lioencs is cancelled by ree8on of sny default
or breech of the licenoe by the Licensee ( then all moneys on deposit with
the L%ceneor under the terms of this agreement shell be payable to ths Crown
for demeges.
39. For the purpose of carrying out the provisions of Clause 38 hereof,
the Liaenese may elect to start e new five-year period fYan any year in
which the periodic cut for the preceding five-year period is wlthln ten
per cent of the accumleted approved annual cuts.
40. The aggregata acreage of the Crown lands in the licence erea for
the purposes of rental under subsection (19) of Section 33 of the "Foreat
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Aot", ab of this date, shall be the total acreage as set forth in Schsdule
"B" and the working plan.
w. For the pvrpoeea of Sectlon 124, eubaection (1) of the "Pore&
Aot", Chapter.128 of the Statutes of British Columbia for 1948 and sub-
sequent amendmentn, the approwd annual productive capacity of the lioenoe
shall be such asmay be determined inths ourrentapproved working plan, and
forest protection tax shall be payable ae provided by the said Section 124.
42. All camps or other living quarters established incident to the
management of the licence area ahall be of a standard at least ae high ae
those that, in the Minister's reasonable opinion, are being maintained by
comparable well conducted forest operations In the Ramloops Forest District.
43. All roads, on landa vithln the bouadariea of this licence, ln-
olnding the lands listed in Schedule "A" , shall be held available for public
uee in acoordance with the terms of the "InduetrlalTransportation Act” and
of the "Foreat Act? relating thereto.
44. The Licensee shall provide, to the satisfaction of the Chief
Forester reasonable office and living accclmnodation for a reasonable Forest
Service inspection staff on the licenoe area or at soy headquarters, plant,
or operation maintained by the Licensee , If instructed by the Chief Forester
in writing 80 to do.
45. The Licensee shall employ one Forester, registered uuder tbs terms
of Chapter 127, R.S.B.C., 1948, and ameadmenta thereto, and ae many additional
Registered Foresters ae may be deemed necessary by the Chief Forester. The
working plan and all revisiona and amendments thereto shall be slgmd and
sealed by the Registered Forester.
46. IO ths ewnt of the bankruptcy or insolvency of the Licensee, the
Minister may oaneel tha liwnoa and any or all money on dopoeit may be
deolared by the Minister to be payable to the Crown for damages.
47. This agreekent may be amended by the parties hereto b a memoranda
In writing signed by the parties hereto.
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48. This tree farm llcemce shall not be sold or trannferrsd by the
Llcanses within ten paars immediately subsequent to the issuance of this
licence uor shall the control of the licence be transferred In any dinner
vhatsowur to a~ person or persons, firm or firms, corporation or torpor-
stlons without the written aonsent of the Minister first having been obtalmd.
49. Any notice required to be given to the Licensee by tlm Minister
cm Chief Forester under this agreema&, may bs given by written notice sent
by registered mall or delivered to the registered office of the Licenses
In British Columbia, and shall be deemed to be 80 given ou the day it would
be received by the Licensee in the ordinary courts of post, or on ths day
it was so deliverad.
50. (a) This llcencs may be terminated at any time by mutual consent
of the partlea hereto.
(b) The Licensee may termiunta this licence on two yeara' notice
In writing given to ths Minister subject 88 hereinafter provided.
(c) In ths event that the Licensee eerves notice of tsrmlnatloa of
this licenos as provided in the next preceding clause such termination
shall be subject to the following conditions:
(1) All moneys held a~) security deposit of vhatsosvsr nature
or kind or any part thereof may bs declared by the Minister
payable to the Cram for damagea or otherwise and ths
Minister shall not bs obliged to account in respect thereof.
(ii) All tenures which have reverted to the Crown pursuant to this
contract shall not revest in the Licenses.
(Iii) All improvements made on Crown lauds shallbecoma and be
the property of the Crown and the Licensee shall havs no
claim OF In any way b-a entitled to canpensation therefor:
Provided the Licsnsea may remove his own fixtures In such
(1 manner as not to damage other improvsmeuts:
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Frorided alao euch rwoml aball not in any way affect the
lien of the Crown on euoh fixturee ae provided in the "Forest
Aot".
(iv) All outtlng permits lamad pursuant to this agreement shall
termiwto on the termlnatlon of the agrwment.
(v) The Lioeneee rhall forthwith pay a13 moneys owing on outstanding
acaounts for stumpage royalty, taxes, and annual rental.
(vi) All rights granted purrmant to any statute or regulatlone
or under this agreement a8 ancillary thereto and all
appurfenanws shall be oancellsd effeotive on the termiaatlon
of this licence.
51. In the event that this licence is oancelled or tarminated,
existing other tenures owned or controlled by the Llcsneeo inoluded vitb3.n
the licenoe area ahall 1n no way be encumbered by aw oammitments, agree-
ments, underrtaading or in any other manner arising out of the execution
of thir lloence.
52. In this llaencer
"A&" meann the "Forest AcV, R.S.B.C. 1948, Chapter 128, and
amendments thereto in force framtimetotime during the cm-rency ofthle
agreement.
"Approved", if not otherwise defined in the oontext, meana
approved by the Minister.
"Denuded" or "denuded lands" meane any forest lands In the licenoe
area fran or on which substantially all mature timber her been cut, logged,
or destroyed, had on which tree6 of young growth In sufflalent manbers to
produce a valuable crop according to the standards of the Fore& Service
have not yet been eetablished.
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IN WITNESS WHEREOF the Licenser has executed tlmoe presents and
the Licensee has hereunto affixed its corporate seal by the hands of its
proper officers in that behalf.
SIGNED SEAIZD AND DELIVERED in the prasena@ of:
THE COlMON SEAL OF THE LICENSEE was hereuntoaffIxed Inthe presence of:
SCHEDULE "A"
Jan11eson Creek Tree Farm Wcence
Tree Farm Licence No. z
Forest lands in other temn-e owned or controlled by the Licensee,
included in the Jamieeon Creek Tree Farm Licence No. 35, all within the
Kamloops Land Dietriot.
Tinker Sale
x70904
X74202
X74203
X76627
X77304
X77305
x77694
X78318
x79057
x79432
land District Area In Acres
samloope 1,125
Kemloops 487
Kamloops 807
Kamloope 675
K.SClOOpS 1,440
xamloops 2,460
Kamloope 240
Kamloope 20
K8lUlOOpS 623 *
Kamloope 1,380
* 312 acres outside of Schedule "A".
Jamleson Creek Tree Farm Llaenoe
Tree Farm Llwnao No. z
Crown lands not otherwise allmated within tb following described
WC&l:
Camenoing at tim north-we& aormr of tha North-East Qumtar of
Section 14, Townshlp 23, Ran@~ 17, West of the Sixth Floridinn, Kmloopa
Divrislon of Yale Distriat, said corll~r bBlng ap~ro%i~~tOly OM mile westerly
pram Black Plnsn~ thence due north 595 chelw; thmce due eart 40 oh&m;
theme due north 100 ohains; thence due east 40 chains; thenoa due north I.60
chains; theme due east 40 chains; thencs due north l85 chains; thence due
west 3.&O chelns; thence due north 50 chains; theme due west 270 chains;
thence due south 200 chains; thence due west 1l.O chains more or less to (I
point due north of the most westerly point bn the edge of the bed of Windy
Lake on the westerly rhore thereof; thence due south 650 chsti more or less
to a point due east of the north-east aorcer of Seation 32, Township 23,
Range 181 theme wust to the said north-east corner; thence southerly along
the easterly boundary of said Section 32 to the south-east aorner thereof;
thence due west 160 &sins; thence due amth 240 chains; tbmcs due saat 240
chains; thence due south 160 chains; thence due east 63 chains; thence dm
south 240 chains; thence due east 240 chains more or less to the westerly
boundary of Township 22, Range 17; thence northerly along the said westerly
boundary of Township 22, Range 17 to the north-west corner of Section 19 of
said Township 22, Range 17; thence easterly along the northerly bounderie
of Sections 19, 20 and 21, T-hip 22, Range 17 to the southerly prolongation
of the vestarly boundary of Lot 833; thence northerly to alld along the westerly
boundary of Lots 833 and 2125 to the most northerly corner of Let 2125)
thence easterly along the northerly boundary of said Lot 2125 to the westerly
boundary of Section 27 of aforesaid Township 22, Range 17; thence northerly
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and easterly along the westerly and northerly boundaries of said Section 27
to the routh-west corner of the East Half of Section 34 of said Township 22,
Range 17; thanaa northerly along the westerly boundary of the said East Half
of Seation 34 to the northerly boundary of said Township 22, Range 17; thence
eastarly along ths said northerly boundary of Tomship 22, Range 17 to tim
south-we& cornar of Section 1 of aforesaid Township 23, Range 17; thence
northerly along the westerly boundaries of Sections 1, 32, and 13 of aald
T-ship 23, Range 17 to the north-vest corner of the South-West Quarter of
aaid Seat+ l.3; thenoe easterly along the northerly boundary of the said
South-West Quarter of Section 13 to the south-vest corner of the North-East
Quarter of said Section 13; thence northerly along the westerly boundary of
the said North-East Quarter of Section 13 to the northerly boundary of
aforesaid Township 23, Range 17; thence westerly along the said northerly
boumlary of Township 238 Range 17 to the aforesaid north-west corner of
the North-East Quarter of Section L& Township 23, Range 17, being the
point of cormnenoemsnt.
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