The Borough will, so soon as the Board has acquired the fee-simple of all the land described in Schedule 1 hereto, close the public street known as Queen's Terrace; and also, so soon as the Board has acquired such fee-simple and has also complied with the conditions set forth in clauses two, three, and five hereof, close so much of the remainder of the streets on the land described in Schedule 2 hereto as lies beyond the boundaries of the eighty-foot public street referred to in clause two hereof; and will forthwith thereafter transfer to the Board so much of the land described in Schedule 2 as lies beyond the boundaries of the said eighty-foot street.

The Board will excavate and lower, and forthwith thereafter construct in the manner hereunder described, at a level of fifty feet above the level known as the Wellington City datum, and to an uniform width of sixty-six feet, such portion of the western end of the public street known as Miramar Avenue as is or may be found to be above such level (the southern boundary of such lowered and constructed portion thereof to coincide with the southern boundary of the said public street as the same is shown on a plan marked 1335 deposited in the office of the District Land Registrar in Wellington); and the Board will also construct across the lands described in the First and Second Schedules hereto, or across reclaimed land immediately adjacent thereto, from the southern to the northern boundaries thereof, and in continuation of the existing roadway known as Miramar Quay abutting on to the southern boundary thereof, and at the same level as and so as to connect with the constructed portion of Miramar Avenue hereinbefore referred to, but suitably graded so as to connect with existing roadways, a public street of an uniform width of eighty feet; and the Board may for purposes of access construct across such portions of the lands described in the First and Second Schedules hereto as are from time to time in it vested, and across any reclaimed land immediately adjacent thereto, and in continuation (with the consents of the owners) thereof across adjacent lands, such streets of an uniform width of not less than sixty-six feet as may from time to time to it seem necessary or desirable: Provided, however, that all streets referred to in this clause shall be constructed by the Board in accordance with the specifications this day signed for identification by the Town Clerk to the Borough and the Acting-Secretary to the Board; and the Borough will, on construction of the said streets in accordance with this proviso, take over and maintain and light the same: Provided further that during the construction of the works the Board will use its best endeavours to facilitate traffic over the said streets.

The Board will, when constructing the western end of the Miramar Avenue as aforesaid, and constructing the said eighty-foot public street, provide and lay therein sewage drains of sufficient size and suitable for the requirements of the lands described in the First and Second Schedules hereto, and of any reclaimed land immediately adjacent thereto; and, further, will lay therein such water-service pipes, fire-plugs, stop-cocks, and accessories thereto (hereinafter called water-pipes) suitable for the requirements of the aforesaid lands as the Borough may desire, provided the Borough supply to the Board, on or before the thirty-first day of March, nineteen hundred and nine, details as to the sizes and positions of the said sewage-drains and water-pipes, and further supply the said water-pipes within six calendar months after receiving notice in writing from the Board that the same are required for the purpose of being laid; and if the Borough should fail or neglect to supply the said details by the date aforesaid, or the said water-pipes after receiving notice as aforesaid, then the Board shall be entirely freed from the obligations or either of them incurred by it under the provisions of this clause and in respect of which failure or neglect, as the case may be, on behalf of the Borough has taken place.

The Board will, immediately after the provisions of clause two hereof have been given full effect to, transfer to the Borough for the purposes of a public thoroughfare, and to be subsequently dedicated as a public street, to give access between the public streets known as the Old Farm Road and Miramar Quay as constructed hereunder, a strip of land sixty-six feet wide at the southern end of the lands described in the First and Second Schedules hereto (such strip being shown on the aforesaid plan marked MD 3187); and the Borough will take over, and if and when it thinks fit construct, maintain, and light the same.

The Board will alter or add to the existing Miramar Wharf in such manner as to provide sufficient and suitable wharf accommodation for at least one inter-colonial going coal-carrying steamer, one coastal timber-carrying vessel, and one harbour ferry steamer to lie thereat and discharge and receive cargo and set down and take on passengers at one and the same time (the longest berth thereat to be three hundred and fifty feet in length with a minimum depth of water alongside—if such be reasonably obtainable—of twenty-eight feet below mean low-water level); and the Board will lay thereon on each side thereof (except at the berth for ferry steamers) a narrow-gauge double line of tram-rails suitable for the carriage in trucks thereon of coal, timber, bricks, or other cargo, and will extend the same to the seaward boundary of the public street on to which the said wharf abuts, such tram-rails to be and remain under the sole control of the Board, and to be for the use (without extra charge specially imposed therefor, but subject to such regulations and restrictions as may from time to time be made under the by-laws of the Board) of all persons receiving or forwarding coal, timber, bricks, or other cargo at or from the said wharf, and desiring to convey the same from or to a vessel lying thereat in trucks; and the Borough will (subject to the provisions of the Tramways Act 1908, or any other statutory provision controlling the Borough in that respect) grant reasonable facilities upon reasonable terms to any person or company desiring to lay rails upon the following public streets in the Borough of Miramar—namely, Miramar Avenue to its junction with King's Road, Miramar Quay, King's Road, and any new streets that may hereafter be constructed by the Board in accordance with the terms of these presents, and upon such other public streets in the Borough of Miramar as the Borough may from time to time think fit to connect with the aforesaid rails laid by the Board on the said wharf; or the Borough may itself lay such rails and grant the use thereof to any such person or company upon reasonable terms for such use: Provided, however, that the provisions of this clause as to the Borough granting facilities for the laying of rails upon the public streets of the Borough of Miramar may at any time hereafter be revoked or altered (but without prejudice to any then existing contracts granting such facilities entered into by the Borough) by agreement between the parties, or in the event of their failing to agree, then upon such terms as shall be fixed by the Minister for the time being in charge of the Public Works Department acting as umpire between the parties, whose decision thereon shall be final and binding upon both parties.

The Borough will, if and so long as it is in a position to supply water to its ratepayers (but subject to such rules and regulations as to the laying of the necessary pipes as are at the time in force under the by-laws of the Borough), supply to the Board at the said wharf or at any other wharf abutting or that may abut on to land within the Borough of Miramar, and for uses in connection with any such wharf, or for sale by the Board (at such prices as may from time to time to the Board seem just and reasonable, but not, however, to bring to the Board a greater net profit than ten per centum) to vessels lying thereat, water at a price per thousand gallons to be from time to time determined by the Borough, such rate, however, at no time to exceed an advance of five per centum on the rate per thousand gallons charged by the Borough at such time to manufacturers within the Borough of Miramar for an extraordinary supply of water measured by meter or otherwise.

The Board may, upon such terms as to payment and otherwise as may be agreed upon, grant to the Borough or to any person or company owning or having any interest in property within the Borough of Miramar the right to lay down and maintain under or through any of the works of the Board pipes for the conveyance of sea-water from or to the harbour.

The Borough hereby consents that all or any part of the reclamation shown on the said plan marked MD 3187 that may be carried out by the Board may be included within the boundaries of the City of Wellington, save and except such portion thereof as lies to the north-eastward of a right line drawn from the point C on the said plan marked MD 3187 to the westernmost point of the lands described in Schedule 2 hereto, which said portion shall form a part of the Borough of Miramar. But the provisions of section 154 of the Municipal Corporations Act 1908, as to the control, cost of construction, and maintenance of a public highway lying along the boundary of two boroughs shall extend and apply to all existing and future public streets lying along the boundary between the Borough of Miramar and the City of Wellington, as the same may be altered or extended consequent upon the carrying-out of any reclamation and the carrying into effect of the provisions of this clause.

The whole of the lands described in the First and Second Schedules hereto, together with such part of any land as may hereafter be reclaimed and be within the Borough of Miramar, shall be liable to the Borough for rates; provided, however, that so long as any portion of such lands remains the property of the Board, and is neither let nor leased, such portion shall, if contained within the area of land described in Schedule 1 hereto, be only liable for rates on the basis of the values obtaining at the date of these presents (a schedule whereof is hereto attached, and for purposes of identification signed by the Town Clerk to the Borough and the Acting-Secretary to the Board), but if contained within the area of land described in Schedule 2 hereto or the area of reclaimed land referred to above be wholly exempt from rates.

The Board will, prior to the thirty-first day of December, nineteen hundred and nine (provided that the special loan referred to in clause twelve hereof shall have been sanctioned), actually commence and will thenceforth proceed with and use all proper and necessary diligence to have the same completely finished within eighteen calendar months from the said thirty-first day of December, nineteen hundred and nine, the following works—namely, the excavating, lowering, and forming to a width of sixty-six feet of the western end of Miramar Avenue; the constructing and forming of the eighty-foot public street in continuation of Miramar Quay; and the constructing of additions and improvements to the existing Miramar Wharf—as the same are respectively described in clauses two, three, and five of these presents.

The Borough will, in consideration of the improvements to the Borough of Miramar and benefits to the individual owners of land therein arising or that may arise from or out of the completion of the works enumerated in the last preceding clause within the time therein intended, and the reclaiming of any land necessary for the full completion of the said works, pay to the Board by way of subsidy on completion of the said works, but not prior to the thirtieth day of June, nineteen hundred and eleven, the sum of two thousand dollars; and will also pay to the Board on the thirtieth day of June in each of the four succeeding years—namely, nineteen hundred and twelve to nineteen hundred and fifteen, both inclusive, a like sum of two thousand dollars; and the Board on its part, in consideration of such payment, will not at any time hereafter claim or levy (even if it should obtain statutory powers so to do), either from the Borough or from any person, company, or corporation owning any land or interest in land within the Borough of Miramar, any further sum of money, rate, toll, or charge in respect of the improvements and benefits aforesaid.

The Borough will, within a period of six calendar months from the passing of an Act empowering the carrying-out of these presents, cause a poll of the rate-payers of the Borough of Miramar to be taken in the manner provided under the Municipal Corporations Act 1908, or the Local Bodies Loans Act 1908, with the view of confirming these presents or such portions or clauses thereof as the Miramar Borough Council may deem necessary, and the sanctioning by such ratepayers of a special loan of ten thousand dollars (or such lesser sum as to the Miramar Borough Council may seem necessary, provided the said Council produces to the Board satisfactory evidence of its ability to meet the balance), out of which it can meet the liabilities incurred by it under the last preceding clause; and the Board will insert a clause in the said Local Bill authorising the submission by the Borough to such ratepayers of the question of such confirmation and the raising of such special loan.

The Board will not at any time prior to the thirtieth day of June, nineteen hundred and sixteen (even if then), levy higher rates, dues, or other charges at the wharf referred to in clause five hereof than it is at such time levying at the wharves in Lambton Harbour from ships or on similar classes of goods.

The Board will withdraw section twelve of the said Local Bill (No 53), but without prejudice to its right at any future time to seek statutory power to obtain payment for betterment arising out of reclamations or works other than those set out in clauses ten and eleven hereof in some other manner, and also without prejudice to the right of the Borough or its Council to fully oppose the granting of any such power, notwithstanding anything herein contained.

The Borough will actively assist the Board in every possible manner (otherwise than financially) in its endeavours to have enacted during the present or the next ensuing session of Parliament the said Local Bill, amended however in accordance with the provisions and spirit hereof, but with power to the parties hereto to carry out the terms of this deed in lieu of those of the said agreement of of the first day of May, nineteen hundred and eight; and in the event of the said Bill amended as above not being enacted during the present session of Parliament, then the Board will promote during the next ensuing session of Parliament a like Bill similarly amended, and use its best endeavours to have the same enacted; but nothing herein contained shall be deemed to limit the right of the Board to use its discretion as to the area over which it shall seek powers of reclamation. The First and Second Schedules of any such Bill shall be the same as the First and Second Schedules hereto.

This deed is entered into upon the express terms that—

• (a) If the Board is unable for any reason whatsoever (other than any act or default on its own part) during the present or the next ensuing session of Parliament to obtain the statutory powers necessary to enable the terms of these presents to be carried out by the parties hereto; or

• (b) If the ratepayers of the Borough of Miramar refuse to confirm these presents and to sanction the raising of the special loan herein referred to,—

then and in either of such cases these presents shall cease to be of any force or effect, and the agreements herein contained shall be deemed to have been rescinded, and that without the necessity of the execution of any deed or document by the parties hereto; provided, however, and it is hereby expressly agreed and declare by and between the parties hereto, and these presents are upon this express condition, that as from the date hereof the said agreement of the first day of May, nineteen hundred and eight, shall be deemed to be in abeyance (but not rescinded), and that in the event of these presents ceasing to be of any force or effect in manner aforesaid, then the said agreement of the first day of May, nineteen hundred and eight, shall thereupon receive and again become of full force and effect to all intents and purposes between the parties as if these presents had not been entered into.