And also at any and all times during the said term of twenty (20) years to enter in or upon the said portion of Queen's Park firstly described for the purpose of building a building or buildings, subject to the conditions hereinbefore imposed, and placing such machinery and plant, pipes, and equipment therein as it may deem necessary for the purposes of a freezing plant or curling-rinks, or anything incidental to a skating-rink, and of laying in a direct line, either underground or overhead between the said Arena Building and such other building or buildings, all pipes and other connections as the Lessee may deem necessary for conveying any power or other material for the purposes aforesaid between the Arena Building and such other building or buildings; and, if thought necessary, to open up the ground along said direct line for the purpose of laying, altering, replacing, or maintaining said pipes or other connections: Provided, however, that the Lessee hereby covenants and agrees that upon any such opening-up of the ground along the said right-ofway as aforesaid, that the Lessee will, as soon as possible, replace the surface of the ground along the said right-of-way in as good a condition as it was before being opened up, and will not cause any damage thereby: Provided further that the said Lessee shall at its own expense, on or before the tenth day of April in each year, replace the said Arena Building in such condition and cover the pipes on the ground-floor of the said Arena Building in such a manner that it can be used for the purposes of a horse-show, to the satisfaction of the Building Inspector, subject to the right of the Lessee (within five (5) days after the said Inspector shall state his requirements) to appeal to the nearest County Court Judge or to the Lieutenant-Governor in Council; and in the event of such appeal, the time for such covering-up of pipes shall be extended until ten days after the result of such appeal is made known to the Lessee; the loser in the appeal shall pay cost of appeal.

The Lessor hereby gives and demises unto the Lessee full, absolute, and unrestricted right, privilege, and permission to use the whole or any part of the interior of the said Arena Building from the first day of December in each year to the thirty-first day of March in the following year, commencing the first day of December, 1912, during the whole of the said term of twenty (20) years, for advertising purposes, and to make such contracts and agreements therefor with any person, firm, or corporation as it sees fit, and to collect and retain for its own use such remuneration for such advertising as it may be able to obtain: Provided that no damage shall be done to said building thereby; and provided also that no advertisement shall be allowed to remain in or around said building after the tenth day of April in any year; and also to erect and maintain in said Arena Building during the said term booths for the sale of refreshments, tobaccos, cigars, cigarettes, confectionery, light drinks, and all other refreshments, and subject to the by-laws of the City of New Westminster from time to time in force.

It is agreed that the Lessee shall not use its freezing plant (if the said freezing plant is erected within Queen's Park) for the manufacture of any material other than that which may be required for any of the purposes of the said artificial-skating arena.

The Lessee covenants and agrees that it will not at any time during the said term (provided the Lessor is still selling electric light) purchase electric light for the said Arena Building from any other person, firm, or corporation than the Lessor.

The Lessee covenants and agrees to pay to the Lessor any increase in insurance premiums on the said Arena Building for which the Lessor may be charged during the said term, which increase is caused solely by the operation by the Lessee of the said artificial-skating arena in the said building.

It is agreed that upon the termination of the said term of twenty (20) years the Lessee shall be entitled to remove all pipes, plant, and machinery

either in said Arena Building or any other building erected by the Lessee during the said term or under the ground in the said park, but all buildings on said park shall be and remain the property of the Lessor: Provided, however, that the said Lessee shall not cause any damage to the said Arena Building or to the said park thereby.

It is understood and agreed that the Lessee shall occupy the said Arena Building absolutely at its own risk, and that the Lessor shall not under any circumstances be responsible for any damage to the plant or any property of the Lessee. The Lessee also undertakes and agrees to indemnify and save harmless the Lessor from and against any and all claims for damages to persons and property caused by reason or on account of the Lessor's use or occupancy of the said building during the said months of December, January, February, and March in every season during the period of twenty (20) years. and such other time as hereinbefore provided as the Lessee may occupy and use the said Arena Building.

The Lessor shall have the right at any time after five (5) years after the date hereof, upon there having been passed a by-law by a majority vote of the electors of the said Lessor entitled to vote at civic elections, giving the said Lessor power so to do, to give after the passing of said by-law and after the expiration of five (5) years from the date hereof two years' notice to the Lessee to deliver up the said premises hereby demised. In the event of such by-law being defeated, no second by-law for such purposes shall be submitted to the said electors until the expiration of five years after the defeat of such by-law; and in the event of such second by-law being defeated, no third by-law for such purpose shall be submitted to the electors until the expiration of five years after the defeat of such second by-law. In the event of such third by-law being defeated, the Lessor shall have no further right to cancel this lease under this clause, but in any case, whether the said by-law be the first, second, or third by-law as aforesaid, the Lessee shall be entitled to receive two years' notice, given after such by-law is passed, before being required to deliver up the said premises; and in case of such cancelling of the term hereby granted, the Lessee, its successors and assigns, hereby agree to quit and deliver up the hereby demised premises in like manner as if such term had expired, and the Lessor hereby covenants, promises, and agrees in any such case to pay to the Lessee, its successors and assigns, such fair and reasonable compensation for the value of any buildings which may have been erected by the Lessee on said park and all its plant, machinery, pipes, and other materials within the said Arena Building, or any other building in Queen's Park, or in or on Queen's Park, as may be mutually agreed upon by and between the parties hereto or their legal representatives or assigns; and in case the parties to these presents cannot agree as to such compensation, then and in such case the Lessor shall pay to the Lessee, its successors and assigns, such sum or sums of money as may be determined by arbitrators to be appointed in accordance with the "Arbitration Act": Provided, however, that the Lessor shall not have power at any time to cancel this lease for the purpose of entering into a new lease with any person, firm, or corporation to conduct a skatingarena in said Arena Building, and covenants and agrees that it will not at any time during said term of twenty (20) years, in the event of it having cancelled this lease by by-law and notice as aforesaid, enter into any such lease with any person, firm, or corporation.

It is further agreed and understood that the Lessee may in its option cancel this lease on or any time after the first of December, 1917, by giving one year's notice of its intention so to do, and in any such case it shall not after the expiration of such notice be liable under any of its covenants herein

contained: Provided, however, that in such case all buildings and machinery, pipes, etc., placed in said park by the Lessee shall be and remain the property of the Lessor.

The Lessor, for itself, its successors, and assigns, covenants with the Lessee, its successors and assigns, that when and after the consent of the Government of the Province of British Columbia is obtained to this lease, and provided the Lessee, its successors and assigns, pay the rent hereby reserved and perform the covenants on the part of the Lessee herein contained. the Lessee, its successors and assigns, shall and may peaceably possess and enjoy the said premises for the term hereby granted without any interruption or disturbance from the Lessor, its successors or assigns, or any other person or persons or corporations lawfully claiming by, from, or under the Lessor, its successors or assigns.

It is expressly agreed that this lease and everything contained herein shall extend to and bind and enure for the benefit of the respective successors and assigns of the parties hereto.

In witness whereof the parties hereto have caused their corporate seals to be affixed hereto, together with the respective officers thereof as hereinafter contained.

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.

1913.

1911, c. 49.

[21st February, 1913.]

H

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "Strathcona Park Act Amendment Short title. Act, 1913."

2. Section 2 of the "Strathcona Park Act," being chapter 49 of Re-enacts s. 2. the Statutes of 1911, is hereby repealed, and the following is substi

tuted therefor:

"2. That certain parcel or tract of land situated in Clayoquot and Limits of park Nootka Districts, in the Province of British Columbia-and which defined. may be more particularly described as follows: Commencing at the 9212-mile post on the westerly boundary of the Esquimalt and Nanaimo Railway land-grant as surveyed by William Ralph, B.C.L.S.; thence northerly, easterly, and northerly along the said boundary to the north-west corner of the said land-grant, being also a point on the boundary between Nootka and Sayward Land Districts; thence westerly along the said boundary a distance of eleven miles; thence due south to a point due west of the point of commencement; thence east to the 9212-mile post, being the point of commencement; excepting thereout and therefrom all that portion of Lot 181, Nootka District, lying within the boundaries as above described is hereby withdrawn from sale, settlement, and occupancy under the provisions of the Land Act,' or any other Act with respect to mining or any other matter."

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.

1913.