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201185904
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 ROAD EASEMENT AND MAINTENANCE AGREEMENT

THIS AGREEMENT dated effective the '6o day of July, 2020.

BETWEEN:

BENGA MINING LIMITED, operating as Riversdale Resources, a

British Columbia company extra provincially registered in Alberta
having an office at Box 660, 12331 20th Avenue, Blairmore, Alberta
TOK OEO ("Benga")

- and -

CROWSNEST PASS GOLF & COUNTRY CLUB, an Alberta

society, having its registered office at P.O. Box 332, Blairmore,
Alberta TOK OEO (the "Club")

RECITALS:

A. Benga is or is entitled to become the registered owner of an estate in fee simple of the lands and
premises described in Schedule "A" attached hereto, including all fixtures and improvements located on
those lands from time to time, as may be added to, reduced or altered from time to time (the "Benga
Lands").

B. The Club is or is entitled to become the registered owner of an estate in fee simple of the lands and
premises described in Schedule "B" attached hereto, including all fixtures and improvements located on
those lands from time to time, as may be added to, reduced or altered from time to time (the "Club
Lands").

C. Pursuant to the terms of a certain Project Development Agreement between the Parties dated April
26, 2017, as amended, Benga undertook to realign and construct a Shared Road (as hereinafter defined)
for the mutual benefit of the Benga Lands and the Club Lands.

D. The Shared Road intersects and crosses the Benga Lands and the Club Lands and it is for the
benefit of both properties to share or integrate certain facilities, utilities and operations on, under or over the
Shared Road and to utilize the Shared Road for the benefit of providing access to and egress from the
Benga Lands and the Club Lands.

E. The Benga Land Owner may wish to construct an Alternate Road (as hereinafter defined) for the
purpose of providing replacement access to and egress from the Benga Lands and other lands now or
hereafter owned by the Benga Owner in the general area of where the Benga Lands are located.

F. The Parties, as the registered owners of the Benga Lands and the Club Lands, have agreed to
grant each other the reciprocal easements, restrictive covenants, and positive covenants set forth in this
Agreement for the benefit of the Benga Lands and the Club Lands.

G. The Parties, as the registered owners of the Benga Lands and the Club Lands, are desirous of
entering into this Agreement to grant each other with reciprocal rights contained in this Agreement and to
set out the terms and conditions governing the exercise of such rights, for the benefit of the Benga Lands
and the Club Lands.

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 NOW THEREFORE in consideration of the sum of $10.00, the mutual covenants, terms and
conditions set forth herein, and for other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the Parties covenant and agree as follows:

1. DEFINITIONS

In this Agreement, including the Recitals hereto, unless the context otherwise requires:

1.1 "Affiliate" means a corporation or partnership that is affiliated with the Party for which the
expression is being applied, and, for the purpose of this definition:

(a) a corporation or partnership is affiliated with another corporation or partnership if it

directly or indirectly controls or is controlled by that other corporation or partnership, and
for the purpose of determining whether a corporation or partnership so controls or is so
controlled, it shall be deemed that:

(i) a corporation is directly controlled by another corporation or partnership if shares of

the corporation to which are attached more than fifty percent (50%) of the votes
that may be cast to elect directors of the corporation are beneficially owned by that
other corporation or partnership and the votes attached to those shares are
sufficient, if exercised, to elect a majority of the directors of the corporation;
(ii) a partnership is directly controlled by a corporation or another partnership if that
corporation or other partnership beneficially owns more than fifty percent (50%)
interest in the partnership; and
(iii) a corporation or partnership is indirectly controlled by another corporation or
partnership if control, as defined in A. or B. above, as the case may be, is
exercised through one or more other corporations or partnerships;

where two or more corporations or partnerships are affiliated at the same time with the
same corporation or partnership, they will be deemed to be affiliated with each other;

1.2 "Agreement" means this agreement together with the Schedules attached hereto;

1.3 "Alternate Road" means the new roadway to be constructed by the Benga Owner on the Benga
Lands, commencing at a connection point situate at the most north-easterly point of the GCAR,
for the purpose of providing the Benga Owner with replacement access to and egress from the
Benga Lands and other lands now or hereafter owned by the Benga Owner in the general area
of where the Benga Lands are located from and to the adjoining public highway;

1.4 "Benga Owner" means Benga Mining Limited, its successors and assigns in title to all or part of
the Benga Lands, permitted assigns, and if an individual includes his or her heirs, personal
representatives, and legal representatives;

1.5 "Benga Lands" has the meaning given to it in the Recitals hereto;

1.6 "CHAR" means that portion of the Shared Road located on the Club Lands, as more particularly
described on the Sketch Plan as Area "B", and which is subject to an Easement in favour of the
Benga Owner;

1.7 "Club Lands" has the meaning given to it in the Recitals hereto;

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1.8 "Club Owner" means Crowsnest Pass Golf & Country Club, its successors and assigns in title
to all or part of the Club Lands, permitted assigns, and if an individual includes his or her heirs,
personal representatives and legal representatives;

1.9 "Construction Plans" means such drawings, plans and details as may be prepared by a
professional engineer, architect or other qualified professional showing new construction work
proposed to be done within the Benga Lands or the Club Lands, that has been prepared by an
Owner responsible for carrying out the proposed work in accordance with the terms set out in
Section 4.3 herein;

1.10 "Conveyor Crossing Area" means the area within that portion of the GCAR on the Benga
Lands as described on the Sketch Plan;

1.11 "Easements" means, collectively, the easements granted in Section 2.1 and Section 2.2 of this
Agreement, and "Easement" means either one of such Easements;

1.12 "Entrance Gate" means the Club Lands entrance gate owned by the Club Owner and situated
across the GCAR on the Benga Lands at the location described in the Sketch Plan;

1.13 "GCAR" means that portion of the Shared Road located on the Benga Lands, as more
particularly described on the Sketch Plan as Area "A", and which is subject to Easement in
favour of the Club Owner;

1.14 "Grantee" means the Party hereunder that is receiving a grant of an Easement hereunder;

1.15 "Grantor" means the Party hereunder that is granting an Easement hereunder;

1.16 "Lands" means collectively the Benga Lands and the Club Lands, and "Land" means either one
of them

1.17 "Losses" means all losses, damages, expenses, interest, charges, assessments, liabilities,
fines and penalties, and all reasonable costs incurred in defending or negotiating the settlement
or resolution of any actions or causes of action, including reasonable legal and other
professional fees and expenses on a "solicitor and his own client" basis, but notwithstanding the
foregoing shall not include any liability for indirect, exemplary, special, incidental, consequential,
loss of business, loss of profit or punitive damages, or income tax liabilities;

1.18 "Owner" means, unless otherwise expressly provided in this Agreement, either the Benga
Owner or the Club Owner, and "Owners" means, collectively, the Benga Owner and the Club
Owner;

1.19 "Overland Conveyer' means the overland conveyor and associated infrastructure to be
constructed by the Benga Owner over and across that portion of the GCAR within the Conveyor
Crossing Area;

1.20 "Party" means a party to this Agreement, and "Parties" means both of them;

1.21 "Representatives" means servants, employees, agents, tenants, advisors, invitees,

contractors, consultants, workmen, customers, licensees, and occupants of the dominant lands;

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 1.22 "Shared Road" means, collectively, those portions of the CHAR and the GCAR contained within
Access Right-of-Way Plan No.401 14,2- I , comprising a shared roadway providing access
to and egress from the Lands from and to the adjoining public highway;

1.23 "Sketch Plan" means the plan and drawing attached hereto as Schedule "C";

1.24 "Standard" means the Shared Road maintenance guidelines attached hereto as Schedule "D";
and

1.25 "Utilities" means underground pipes, wires, cables, conduits, and related equipment and works
comprising all or part of a private system to supply, transmit, distribute or carry electrical, natural
gas, diesel, water, telecommunication or fiber optic utilities.

2. EASEMENTS

2.1 The Club Owner, as Grantor, hereby grants, transfers and conveys to the Benga Owner, as
Grantee, in common with the Clubs Lands Owner and all others entitled to similar rights in the
Club Lands, for the benefit of the Benga Lands (and other lands now or hereafter owned by the
Benga Owner in the general area where the Benga Lands are located), a non-exclusive right of
way and Easement over, along and upon the CHAR to travel, pass and re-pass for the purpose
of:
(a) vehicular access and egress to and from the Benga Lands from and to the adjoining
public highway currently known as Highway 3, Blairmore, Alberta; and
(b) constructing, inspecting, and maintaining the Overland Conveyor;
subject to and in accordance with the terms and conditions of this Agreement (the "Club
Easements").

2.2 The Benga Owner, as Grantor, hereby grants, transfers and conveys to the Club Owner, as
Grantee, in common with the Benga Owner and all others entitled to similar rights in the Benga
Lands, for the benefit of the Club Lands:
(a) a non-exclusive right of way and Easement over, along and upon the GCAR to travel,
pass and re-pass for the purpose of vehicular access and egress to and from the Club
Lands from and to the adjoining public highway currently known as Highway 3, Blairmore,
Alberta;
(b) a non-exclusive Easement in, under and through the GCAR for the purposes of installing,
maintaining, repairing, inspecting, using, operating, replacing, enlarging and removing
Utilities located within the GCAR servicing either the Club Lands exclusively or both the
Club Lands and the Benga Lands; and
(c) an Easement over, across and upon the GCAR for the purpose of erecting, using,
maintaining, replacing, and operating (at the Club Owner's sole cost and expense), the
Entrance Gate to the Club Lands for the purpose of restricting general public access to
the CHAR and Club Lands;
subject to and in accordance with the terms and conditions of this Agreement (collectively, the
"Benga Easements").

2.3 The Easements, and each of them, shall be subject to the terms and conditions set forth in this
Agreement, shall run with the servient tenement lands to which they pertain and shall be binding
upon and enure to the benefit of the respective owners or successors in title of the Lands.

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3. USE OF EASEMENTS

3.1 Each of the Easement rights granted in Section 2.1 and Section 2.2 of this Agreement may be
exercised by the Owner of the dominant lands for such Easement and their respective Affiliates
and Representatives, except that:
(a) the right of the Benga Lands Owner to access the CHAR for the purpose of vehicular
access to and egress from the Benga Lands by oversized or overweight vehicles may
only be exercised by the Benga Lands Owner and its Representatives in strict compliance
with all provincial guidelines and permitting requirements in force from time to time to
ensure the safety of traveling public on and to minimize damage to the CHAR
infrastructure;
(b) the right of the Benga Owner to access the CHAR for the purpose of the construction of
the Overland Conveyor will be conducted with as little interference as is reasonably
practical to the exercise of the Easements granted in favour of the Club Owner in Section
2.2 of this Agreement and in accordance with the provisions of Section 4.3 of this
Agreement;
(c) the rights to install, maintain, repair, inspect, replace, enlarge, or remove Utilities which
service both the Benga Lands and the Club Lands may only be exercised by an Owner
and its Representatives following delivery of at least two (2) days' prior written notice to
the other Owner, except in the case of an emergency where such notice shall be provided
as soon as reasonably practical;
(d) the rights to install, maintain, repair, inspect, replace, enlarge, or remove Utilities which
exclusively service the dominant lands for such Easement may only be exercised by the
Owner of such dominant lands and its Representatives following delivery of at least two
(2) days' prior written notice to the other Owner, except in the case of an emergency
where such notice shall be provided as soon as reasonably practical;
(e) any installation, maintenance, repair, replacement, enlargement, or removal of Utilities
will be conducted by an Owner with as little interference as is reasonably practical to the
exercise of the Easements granted in Section 2.1 and 2.2 of this Agreement for the
benefit of the other Owner's Lands and will be conducted so as to minimize the duration
of any interruption in the provision of any Utilities servicing the other Owner's Lands;

(f) an Owner conducting installation, maintenance, repair, replacement, enlargement, or

removal of Utilities shall permit the other Owner or its Representatives to attend for the
purpose of observing such installation, maintenance, repair, replacement, enlargement,
or removal;
(g) the Club Owner shall provide the Benga Owner with such duplicate keys or security
codes to the Entrance Gate as may be reasonably required to allow the Benga Owner
and its Representatives to exercise its right to obtain access to the CHAR.
3.2 The Benga Owner, for itself and its Representatives authorized to exercise the Easement in
Section 2.1 of this Agreement, covenants and agrees with the Club Owner, with the intent that
such restrictive covenants will burden the Benga Owner's appurtenant rights in the Club Lands
for the benefit of the Club Lands, not to exercise the rights granted in Section 2.1 of this
Agreement on, over, in, under, along, upon or through any part of the Club Lands encumbered
by buildings, landscaping or other structures or improvements from time to time.

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 3.3 The Club Owner, for itself and its Representatives authorized to exercise the Easement in
Section 2.2 of this Agreement, covenants and agrees with the Benga Owner, with the intent that
such restrictive covenants will burden the Club Owner's appurtenant rights in the Benga Lands
for the benefit of the Benga Lands, not to exercise the rights granted in Section 2.2 of this
Agreement on, over, in, under, along, upon or through any part of the Benga Lands
encumbered by buildings, landscaping or other structures or improvements from time to time.

3.4 Subject to the terms and conditions of this Agreement, each Grantee shall peaceably hold and
enjoy all the rights, privileges, liberties and covenants hereby granted without hindrance and
interruptions from the Grantor, or any other person or Representatives claiming by, through or
under the Grantor.

3.5 The Parties acknowledge that except as set out herein, neither Party may assign or grant a third
party any such rights to the Easement it has granted or has been granted hereunder without the
prior written approval of the other Party, which approval shall not be unreasonably withheld.

3.6 The Benga Owner and the Club Owner covenant and agree that each Owner has the right to
grant easements and rights of way to other public or private persons or entities in, on, along,
upon, under and through any part or all of its Lands, including, without limitation, the GCAR and
the CHAR comprising part of the Owner's Lands, provided that such easements and rights of
way do not substantially interfere with the easement rights granted by the Owners in Section 2.1
or Section 2.2 of this Agreement to the other Owner and comply with the Owner's other
obligation under this Agreement.

3.7 The Owners covenant and agree that each Owner has the right from time to time to temporarily
obstruct access to the portion of the Shared Road on its Lands in order to carry out its
construction, maintenance and repair obligations and exercise its rights under this Agreement or
to facilitate construction maintenance and repair of services, facilities, buildings or other
improvements anywhere on its Lands, provided that the obstructing Owner:

(a) provides the other Owner with not less than seven (7) days' written notice (except in the
case of an emergency where such notice shall be provided as soon as reasonably
practical) of the proposed, temporary obstruction to the Shared Road;
(b) makes commercially reasonable efforts to maintain no less than one-lane vehicular traffic
access on the Shared Road or to provide alternate temporary access from and to the
other Owner's Lands to and from the adjoining public highway, at the obstructing Owner's
sole cost and expense, provided however, that if such one-lane or alternate access is not
commercially reasonable in the circumstances, the obstructing Owner shall, in
consultation with the other Owner, minimize the duration of the obstruction and carry out
work with as little interference as reasonably practical to the exercise of the Easements
granted in Section 2.1 and 2.2 of this Agreement for the benefit of the other Owner's
Lands.

4. CONSTRUCTION, REPAIR, DAMAGE AND MAINTENANCE

4.1 Other than as may be expressly provided for in this Agreement, no Grantor or Grantee shall
have the right to erect any building, fences, gates or other obstructions upon or under any of the
Easements without the prior written consent of the other Party to this Agreement.

4.2 Notwithstanding the provisions of Section 4.1 herein, the Benga Owner, at its sole cost and
expense, shall be entitled to construct an Overland Conveyor within the Conveyor Crossing
Area situate on the Benga Lands in accordance with Section 4.3 and Section 4.4 of this
Agreement.

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4.3 Prior to the commencement of new construction for any of the following:
(a) any works under Section 4.2 of this Agreement on or over the GCAR;
(b) any works under Section 4.7(b) of this Agreement on or over the CHAR;
(c) the installation of new Utilities by the Club Owner or its Representatives pursuant to the
provisions of Section 2.2(b); or
(d) the relocation of any Utilities by an Owner on its Lands, the other Owner's Lands, or both;
the Owner responsible for carrying out the work shall provide the other Owner of the other Lands
with true copies of the Construction Plans for its information and review no less than thirty (30)
days prior to the commencement of such construction. The Owner responsible for carrying out
the work shall consult with and shall work co-operatively with the Owner of the other Lands to
ensure that the work carried out by the Owner responsible for carrying out the work will not and
does not cause a material adverse impact on the other Owner's access from and to the other
Lands by the Shared Road, the servicing of the other Lands from Utilities, or both.

4.4 All work carried out by or on behalf of an Owner on the other Owner's Land shall be carried out:
(a) in compliance with all applicable laws (including obtaining, at the expense of the Owner
carrying out the work, all permits, and approvals required from governmental authorities);
(b) with minimal interference to the business operating on the other Owner's Land; and
(c) as expeditiously as possible; and
(d) except in the case of emergency when all practical notice shall be given, after at least
thirty (30) days' prior written notice to the other Owner of the Lands where the work will
be done for new construction, and at least twenty-four (24) hours prior written notice for
maintenance and repair work required by this Agreement.

4.5 Each Owner, at its own expense, shall promptly and diligently repair and restore, to the
condition prior to the damage, all damage to the other Owner's Land (including without limitation
to the Shared Road, Utilities and all other structures, utilities and improvements within the other
Owner's Land) resulting from the exercise by whomever of the Owner's rights and obligations in
this Agreement, whether or not such damage results from negligent acts or omissions. Each
Owner, at its expense, shall promptly and diligently repair and restore, to the condition prior to
the damage, all damages to Utilities located within the GCAR which service both Lands and all
damages to the portion of the Shared Road on its Lands caused by the Owner or its
Representatives, whether or not caused by it or their negligent acts or omissions. The Owner
responsible for the costs of repairing and restoring the damage in this Section 4.5 shall pay full
compensation to the other Owner in respect of all Losses incurred by the other Owner arising
from such damages.

4.6 So long as the Benga Owner shall desire to exercise the Club Easement access rights granted
by the Club Owner pursuant to Section 2.1(a) herein, the Benga Owner, at its sole cost and
expense, shall be responsible for and agrees to carry out all inspection, maintenance, repairs
and additional work required to keep the Shared Road in good, usable, clear and level condition
for both Parties suitable for passage of vehicular traffic at all times and shall do so in a good
workmanlike manner and in compliance with the Standard and all additional safety standards,
codes, laws and regulations in force and effect from time to time with respect thereto. In the
event that the Benga Owner fails to do so, the provisions of Section 5.3 of this Agreement shall
apply and, upon delivery of the required written notice of default to the Benga Owner from the
Club Owner and the expiry of the applicable reasonable cure period, the Club Owner shall have
the right to do whatever inspection, maintenance, repair or additional work as may be requisite
for the use and enjoyment of the rights herein granted.

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4.7 The Club acknowledges that the Benga Owner intends to construct the Alternate Road on the
Benga Lands for the purpose of providing the Benga Owner with replacement access to and
egress from the Benga Lands and other lands now or hereafter owned by the Benga Owner in
the general area of where the Benga Lands are located from and to the adjoining public
highway and, upon completion of the Alternate Road, the Benga Owner will no longer require
the Club Easement rights granted by the Club Owner pursuant to Section 2.1(a) herein.
Accordingly, provided that the Benga Owner is not then in breach of its inspection,
maintenance, and repair obligations as set forth in Section 4.6 herein, upon completion of the
Alternate Road, the Benga Owner shall be entitled to notify the Club Owner in writing of the
completion of the Alternate Road and, upon receipt of such notice by the Club Owner:
(a) the Parties shall amend this Agreement by the deletion of the Club Easement access
rights granted by the Club Owner to and in favour of the Benga Owner pursuant to
Section 2.1(a) herein;
(b) notwithstanding the provisions of Section 4.1 herein, the Club Owner shall be entitled to
construct and erect a gate (or such other form of non-permanent obstruction) at the
northern limit of the CHAR for the purpose of restricting general public access to Benga
Lands from the CHAR;
(c) the Parties shall amend Section 4.6 of this Agreement herein to limit the Benga Owner's
inspection, maintenance, and repair obligations to that portion of the Shared Road which
comprises the GCAR; and
(d) the Club Owner shall thereafter be responsible for all inspection, maintenance, repairs,
and additional work as may be required to keep the CHAR in good, usable, clear, and
level condition, suitable for the Club Owner's intended use and suitable for the limited use
by the Benga Owner in the exercise of its remaining Easement rights pursuant to Section
2(1)(b) herein.

4.8 The Parties agree that, in the event that the Benga Owner:
(a) is no longer desirous of exercising any of the Club Easement access rights granted by
the Club Owner pursuant to Section 2.1 herein;
(b) determines that it is no longer desirous of utilizing any portion of the Shared Road for the
purpose of accessing the Benga Lands (or other lands now or hereafter owned by the
Benga Owner in the general area where the Benga Lands are located);
(c) is not then in breach of its inspection, maintenance, and repair obligations as set forth in
Section 4.6 herein and, further, that the GCAR will not, in the next ensuing ten (10) year
period, be required to be overlaid or resurfaced in order to ensure the proper
maintenance of the GCAR in accordance with the general standards and conditions
prevailing at the time for similar private access roadways in the Province of Alberta (all as
determined by such duly qualified, independent, civil road engineer as may be agreed to
by the Parties, or, failing agreement, as may be determined by arbitration in accordance
with the provisions of Section 7.1 herein);
the Benga Owner shall, at its sole option, and at its sole cost and expense, be entitled to
subdivide the GCAR from the remaining portion of the Benga Lands (the "Subdivided GCAR
Lands") and to thereafter transfer and convey the fee simple interest, legal title, and ownership
of the Subdivided GCAR Lands to the Club Owner for the sum of $1.00, free and clear of all
liens, charges and encumbrances. Upon due registration of the Subdivided GCAR Lands into
the name of the Club Owner as aforesaid, the Benga Owner, its Affiliates and Representatives
shall cease to have any rights in and to the Club Easement, the Club Owner shall thereafter be
solely responsible for all maintenance and repair costs associated with the Shared Road.

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5. DEFAULT

5.1 In the event of default by a Party to this Agreement, the other Party shall have all the remedies
available to it under the provisions of this Agreement, at law, in equity, by statue or otherwise.
All remedies provided in this Agreement are cumulative and not exhaustive, are in addition to
and without prejudice to any other remedies available to the Parties to this Agreement, at law, in
equity, by statue or otherwise. The exercise by either Party of any right or remedy does not
preclude the exercise of any other right or remedies that may now or subsequently be available
to the Parties under the provisions of this Agreement, at law, in equity, by statute or otherwise.

5.2 Each Party to this Agreement acknowledges and agrees that a breach or threatened breach by
such Party of any of its obligations under this Agreement would give rise to irreparable harm to
the other Party for which monetary damages would not be an adequate remedy and if a breach
or threatened breach by such Party of any such obligations occurs the other Party hereto will, in
addition to any and all other rights and remedies that may be available to such Party in this
Agreement, at law, in equity or otherwise in respect of such breach, be entitled to equitable
relief, including and order specifically enforcing the performance of such obligations or an
injunction prohibiting any such breach.

5.3 If either Party to this Agreement shall be in default of its obligation to maintain and repair under
this Agreement, in the opinion of the other Party acting reasonably, or in default of any of its
other covenants, obligations or agreements in this Agreement other than an obligation to pay an
amount to the other Party, then the non-defaulting Party may give written notice to the
defaulting Party specifying the nature of the default and setting out a reasonable cure period for
the defaulting Owner to remedy the default. If the default is not remedied within the cure period
in the notice of default or such longer cure period as is necessary to cure the default, provided
the defaulting Party has commenced to cure the default during the cure period in the notice of
default and is diligently pursuing to cure such default within such reasonably longer cure period,
then without prejudice to any other rights which it may have with respect to such default under
this Agreement, at law, in equity, by statute or otherwise, the non-defaulting Party, its agents,
employees, representatives and contractors, with or without equipment and vehicles, may enter
upon the defaulting Party's Land (if necessary to remedy the default) and remedy such default
at the expense of the defaulting Party, and the actual reasonable costs incurred by the non-
defaulting Party to remedy such default shall be paid by the defaulting Party to the non-
defaulting Party within thirty (30) days of receipt by the defaulting Party of an invoice for such
costs (with evidence of actual costs incurred) from the non-defaulting Party.

6. INSURANCE, LIABILITIES AND INDEMNITIES

6.1 During the term of this Agreement, each Owner, at its cost and expense:
(a) Shall maintain its own comprehensive commercial general liability insurance (covering
third party bodily injury and property damage) in an amount of not less than
$5,000,000.00 with respect to any one (1) accident or occurrence arising in connection
with the enjoyment or exercise of any rights conferred for its benefit under the Easements
and/or this Agreement, and shall deliver a certified copy or certificate of such policy to the
other Owner at any time or times upon request.
(b) Shall have the right for a period of sixty (60) days following the end of each five (5) year
period during the term of this Agreement, to give written notice to the other Owner
requiring the other Owner to increase the amount of its commercial general liability
insurance. The amount of such increase shall be an amount commensurate with the then
current standard of liability insurance coverage with respect to shared access used in
conjunction with commercial operations.

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 (c) Shall ensure that each of its policies of insurance contains a clause that the insurer will
not cancel such policy or allow it to expire except on at least thirty (30) days' prior written
notice to both Owners.
6.2 Each Owner (the "Releasing Party") hereby releases the other Owner and its directors,
officers, shareholders, employees, and Representatives (collectively, the "Released Party")
from any liability whatsoever arising as a result of bodily injuries, deaths, damages to personal
property, Losses, costs, claims or other liabilities of any kind whatsoever to, of, incurred or
sustained by the Releasing Party, or anyone exercising the Releasing Party's rights or carrying
out its obligations under this Agreement, within the Released Party's Lands, unless caused by
the gross negligence or willful misconduct of the Released Party or those for whom it is
responsible for at law.

6.3 Subject to Section 6.4 of this Agreement, each Owner (in this context, the "Indemnifying
Party"), hereby indemnifies the other Owner (in this context, the "Indemnified Party") from and
against all losses, costs, claims and other liabilities of any kind whatsoever suffered or incurred
by a third party and from and against all Losses suffered or incurred by the Indemnified Party,
its successors, permitted assigns. or one or more or all of them, in connection with death. bodily
injury, damage to personal property. cost or claim arising from or in any way connected with:
(a) The exercise of the Easements and rights under this Agreement in favour of the
Indemnifying Party, or performance or non-performance of the Indemnifying Party's
obligations under this Agreement.
(b) The negligent acts or omissions of the Indemnifying Party and those for whom it is
responsible for in law.
(c) Breach of any provision of this Agreement by the Indemnifying Party.
(d) Use or occupancy of the Indemnified Party's Lands by the Indemnifying Party and those
for whom it is responsible for in law.
This Section 6.3 shall survive the expiry or termination of this Agreement.

6.4 The indemnities in Section 6.3 of this Agreement shall not apply to Losses, costs and other
liabilities of any kind whatsoever caused by the gross negligence or willful misconduct of the
Indemnified Party or those for whom it is responsible for in law. This Section 6.4 shall survive
the expiry or termination of this Agreement.

7. ARBITRATION

7.1 If the Parties are unable for a period of thirty (30) consecutive days to agree on any matter upon
which they are required by the terms of this Agreement to agree on or which it is necessary for
them to agree upon in order to conduct their respective business, then, except for matters that
are expressly excluded from arbitration in this Agreement, the matter shall be decided by
arbitration in accordance with the following:

(a) The place of arbitration shall be Lethbridge, Alberta.

(b) Arbitration proceedings shall be commenced by the Party desiring arbitration (the
"Initiating Party") giving written notice in accordance with Section 8.6 of this Agreement
to the other Party (the "Responding Party") specifying briefly the matter to be arbitrated
and designating an arbitrator, and the Responding Party shall be entitled to designate a
second arbitrator by giving written notice thereof in accordance with Section 8.6 of this
Agreement to the Initiating Party within ten (10) days after receipt of the Initiating Party's
notice. If the Responding Party shall elect to designate a second arbitrator and deliver
notice thereof within the time limited above, the two (2) arbitrators so designated shall,

10
 within ten (10) days following the receipt of the notice designating the Responding Party's
arbitrator, designate a third arbitrator to act jointly with them. If the arbitrators shall be
unable to agree upon the selection of the third arbitrator (who shall be the chairman of the
arbitration panel hereunder) within the time period stated above, the third arbitrator shall
be designated by the court upon proper application by the Initiating Party pursuant to the
provisions of the Arbitration Act (Alberta). If the Responding Party shall fail to designate
an arbitrator and deliver notice thereof to the Initiating Party within the time and manner
required by this Section 7.1(b), then the arbitrator appointed by the Initiating Party shall
be entitled to arbitrate the matter to be arbitrated as if appointed single arbitrator pursuant
to the provisions of the Arbitration Act (Alberta).
(c) Upon the appointment of the arbitration panel or single arbitrator in accordance with
Section 7.1(b) above, the arbitration panel or single arbitrator shall then promptly proceed
to hear the evidence and submissions of the Initiating Party and the Responding Party at
a place and time in Lethbridge, Alberta designated by the arbitrator(s) and shall render a
written decision within thirty (30) days after the designation of the third arbitrator or single
arbitrator, as applicable.
(d) The decision of the majority of the arbitration panel (or of the single arbitrator, as
applicable) shall be deemed to be the decision of the arbitration panel, including, without
limitation, in respect of the procedure and conduct of the Parties during the arbitration,
shall be final and binding upon the Parties and not subject to appeal, and may be made
an order of the court pursuant to the Arbitration Act (Alberta) .
(e) Submission to arbitration as provided in this Section 7.1 shall be a condition precedent to
the bringing of any legal action with respect to any matter expressly required or permitted
to be arbitrated pursuant to the provisions of this Agreement.
(f) The arbitration panel shall have the authority to assess the costs of the arbitration panel
against either or both the Initiating Party or the Responding Party, but each Party shall
bear its own evidence, witness and legal counsel fees.

8. GENERAL

8.1 The Owners covenant and agree that each Owner shall, at all times, comply with all federal,
provincial, municipal and local laws, ordinances, regulations, rules, by-laws and orders that are
applicable to the Lands, this Agreement and performance of its work, rights and obligations
under this Agreement.

8.2 This Agreement shall enure to the benefit and shall be binding upon the respective successors,
permitted assigns, heirs, and personal representatives of the Parties hereto.

8.3 Each Owner agrees with the other Owner that prior to each transfer or sale of the fee simple
interest in all or part of the Owner's Land, the Owner shall obtain and deliver to the other Owner
a written covenant in favour of the other Owner from its transferee assuming and agreeing to be
bound by and perform all the transferring Owner's obligations in this Agreement, including,
without limitation, this Section 8.3. Upon the transfer or sale of all or part of an Owner's Land,
the Easement rights in this Agreement for the benefit of that Owner's Land (but for greater
certainty, none of its obligations under this Agreement) shall be suspended until the covenant
required by this Section 8.3 is obtained and delivered to the other Owner.

8.4 The rights and obligations in this Agreement may not be assigned or delegated without the
other Party's prior written consent, not to be unreasonably withheld or delayed. No transfer of
all or any part of the Lands shall have the effect of releasing the transferring Party from any of
the obligations set forth in this Agreement in the absence of other Party's prior written consent,
not the unreasonably withheld or delayed.

11
8.5 All of the provisions of this Agreement shall be covenants running with the Lands. Any
transferee of all or any part of the Lands shall automatically be deemed, by acceptance of the
title to such Land, to have assumed all obligations of this Agreement relating thereto to the
extent of its interest in such Land and to have agreed with the then Owner or Owners of all
other portions of the Lands at the time to execute any and all instruments and to do any and all
things reasonably required to carry out the intention of this Agreement.

8.6 This Agreement, together with all related Schedules, constitutes the entire agreement of the
Parties to this Agreement with respect to the subject matter contained herein, and supersedes
all prior and contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to such subject matter

8.7 Each of the Parties hereto shall execute and deliver such additional documents, instruments,
conveyances and assurances and take such further actions as may be reasonably required to
carry out the provisions hereof and give effect to the transactions contemplated hereby.

8.8 No amendment or modification of this Agreement shall be binding unless in writing and signed
by all the Parties to this Agreement

8.9 Time shall in all respects be of the essence of this Agreement.

8.10 Whenever the singular or masculine are used throughout this Agreement the same shall be
construed as meaning the plural, the feminine or the neuter where the context so requires.

8.11 If any of the provisions of this Agreement are for any reason held to be invalid, illegal, or
unenforceable in any respect, it is to be considered to be severable from the Agreement, and
the remaining provisions of this Agreement shall remain in full force with respect thereto.

8.12 No failure on the part of any Party in exercising any right or remedy hereunder shall operate as
a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude
any other or further exercise thereof or the exercise of any right or remedy in law or in equity or
by statute or otherwise conferred. No waiver of any provision of this Agreement, including
without limitation, this Section, shall be effective otherwise than by an instrument in writing
dated subsequent to the date hereof, executed by a duly authorized representative of the Party
making such waiver.

8.13 It is agreed between the Parties that neither Party shall be held responsible for Losses caused
by delay or failure to perform its obligations under the terms of this Agreement when the delay
or failure is due to fires, strikes, floods, snow, acts of nature, war, riots, inability to obtain power,
material, labour or equipment, acts or directives of municipal, provincial or federal governmental
authorities, or delays or defaults caused by common carriers, which cannot reasonably be
foreseen or provided against. A lack of funds shall not relieve either party of its obligations
under this Agreement.

12
8.14 This Agreement shall be governed by and constructed in accordance with the laws of the
Province of Alberta and the federal laws of Canada applicable in that Province, and the Parties
agree that the courts in the Province of Alberta shall be the sole forum in which to commence
an action or claim with respect to a dispute or matter hereunder.

8.15 Any notice, demand or request which may be, or is required to be, given pursuant to this
Agreement shall be made in writing and may be either delivered personally, or sent by pre-paid
courier or pre-paid registered mail, or by email, and delivered as follows:

If to Benga:
Benga Mining Limited
Box 660
12331 20th Avenue
Blairmore, AB TOK 0E0
Attention: Executive Vice-President
<email address removed>
Email:

If to the Club:
Crowsnest Pass Golf & Country Club
P.O. Box 332
12537 - 21st Avenue Blairmore, Alberta
TOK 0E0
Attention: President
<email address removed>
Email:

or such other address or addresses as a Party may from time to time give notice in writing and
any notice, demand or request so mailed shall be deemed to have been given or made on the
second business day following the date of the mailing of same, or if delivered personally or by
courier, shall be deemed to have been given and made on the date of delivery if during
business hours or the following business day otherwise, or if delivered by email (with
confirmation of transmission) on the date sent if sent during business hours or the following
business day otherwise.

[Signature page follows]

13
 8.16 This Agreement may be executed by any number of counterparts with the same effect as if all
parties had signed the same document. All counterparts shall be construed together, and shall
constitute one and the same agreement.

DATED to be effective on the day and year first above written.

BENGA MIMING LIMITED CROWSNEST PASS GOLF & COUNTRY CLUB

<Signature removed>

Per: Per:
5.,•.****** <Signature removed>

Per40,7aqrst...7 Per:

r.
 8.16 This Agreement may be executed by any number of counterparts with the same effect as if all
parties had signed the same document. All counterparts shall be construed together, and shall
constitute one and the same agreement.

DATED to be effective on the day and year first above written.

BENGA MINING LIMITED CROWSNEST, PAS GOLF & COUNTRY CLUB

<Signature removed>

Per: Per:
z
<Signature removed>

Pei
 SCHEDULE "A"
(BENGA LANDS)

Parcel #1:
PLAN .201 I
BLOCK 1
LOT 5
EXCEPTING THEREOUT ALL MINES AND MINERALS

Parcel #2:

MERIDIAN 5 RANGE 4 TOWNSHIP 8

SECTION 11
QUARTER SOUTH WEST
CONTAINING 64.3 HECTARES (159 ACRES) MORE OR LESS
EXCEPTING THEREOUT:
PLAN NUMBER HECTARES (ACRES) MORE OR LESS
SUBDIVISION 1711126 3.39 8.38
EXCEPTING THEREOUT ALL MINES AND MINERALS

SCHEDULE "B"
(CLUB LANDS)

FIRSTLY:
PLAN 1711126
BLOCK 1
LOT 3
EXCEPTING THEREOUT ALL MINES AND MINERALS

SECONDLY:
PLAN Zo1 -2- C.
BLOCK 1
LOT 4
EXCEPTING THEREOUT ALL MINES AND MINERALS
 SCHEDULE "C"
(SKETCH PLAN)

41

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LANDS

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SKETCH PLAN
SCHEDULE 'C'
ITT HALMA
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SCHEDULE "0"
(STANDARDS)

[See attached]
 SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

GUIDING PRINCIPLES
To maintain a rational, equitable and appropriate level of service for the Shared Road, the following
guiding principles are established:

RESPONSIBILITIES SUMMARY

Maintenance Activity Rural Cross Section (Open Ditch)

1. Snow & Ice Control

(a) Snow plowing & sanding Travel lanes & shoulders and private
driveways

(b) Snow removal by loader, truck & other Intersections, crossovers, approaches &
special equipment areas requiring special attention to the limit
of right-of-way
Snow to be placed adjacent to roadway
except where over storage becomes a
safety concern during abnormally heavy
snow accumulations
(c) Snowfence Installation, removal & maintenance if
required for operation of the highway
2. Spring Clean-up

(a) Sweeping and Cleaning As required and generally once in the

spring. Frequency at gravel to asphalt road
interface is expected to require increased
cleaning frequency unless mitigated by
other means.
(b) Culvert/drainage For open ditch only, steam for ice removal
& cleaning as necessary for drainage.
3. Summer Surface Maintenance
(a) Pavement Surface Pavement maintenance, including crack
repair, potholes & other pavement failures

(b) Regravelling As required.

Shoulders when erosion or other cause
jeopardizes road structure or safety.
(c) Dust Control As required to ensure safety of the road
user
Can supplement to address concerns of
residents
(d) Line Painting (centre, shoulder and lane All line painting maintained in good
lines) condition

(e) Message Painting including stop bars, Maintain in good condition

pedestrian cross walks

1
 SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

4. Right-of-Way Maintenance

(a) Vegetation Control Weed control, brushing and mowing normally one
shoulder cuts per year

Danger trees and overgrown bush/tress when deemed a

safety risk and shall be removed. Windfalls shall be
removed promptly when in the road access right of way.
5. Drainage

(a) Culverts/bridges, storm sewers Culverts maintenance and repairs

(b) Geotechnical subdrain Maintain if installed to serve the needs of the Shared
Road

6. Traffic Control
(a) Delineation Posts & Guardrail Supply, install and maintain all within right-of-way

(b) Speed Limits Fallen or damaged signs will be corrected

(c) Parking Will enforce parking restrictions, province provide

authority to municipalities, where appropriate
7. Illumination
(a) System (meets warrants) Streetlights only — install, operate and maintain

8. Signs

(a) Regulatory Supply, install and maintain within right-of-way

(b) Parking Other Facility Signs Owners to supply, install and maintain own identification
signs

2
 SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

1.0 WINTER MAINTENANCE

1.1 GUIDELINES
Table 1 — Winter Level of Service

Class of Traffic Volume Maximum Maximum Typical

Highway (AADT) Reaction Time Time to Good reaction Time
(hrs) Winter Driving (hrs)
Conditions**
(hrs)
H <100 2 48 8
4

• Maximum time allowable for equipment to have commenced work from the time of a 3cm
accumulation. This value represents the maximum time that will be required to respond
after an average winter storm. Normally, equipment will begin work during most storm
events and as a result most roads are cleared faster than the maximum time indicated.
••

Good winter driving conditions exist when snow and ice have been removed from the
driving lanes and excessive loose snow has been removed from the shoulders and
centreline of highway. Short sections of ice and packed snow are acceptable and can be
expected within the driving lanes between the wheel paths, as well as on centreline.

An average winter snowstorm is defined as one in which snowfall amounts range between 3
and 8 centimetres, the air temperature is lower than -101C, the wind velocity is less than 15
kilometres per hour and the road surface is frozen.

EXEMPTIONS TO THE ABOVE TABLE

Scheduled events may require a quicker response time; Owners to communicate.

The impact of salt on the environment is a growing concern on a global scale. The department's
operations are being scrutinized to ensure the use of salt is minimized and contamination is
eliminated. The importance of eliminating salt contamination of the environment is critical to the
operation and adequate preventative measures should be followed. The TAC Salt Management
Guide has more information about proper salt use and storage.

1.2 STRATEGIES

1.2.1 SNOW CLEARING — PAVED ROADS

Snowplowing of the respective GCAR and CHAR highways should be undertaken at such
times as may be required to ensure good winter driving conditions are maintained which
are commensurate with the Owners' seasonal accessibility requirements.

To assist in providing timely response during changing winter conditions, maintenance

staff must keep informed of weather forecasts. News of advancing storms should be
communicated to neighboring maintenance areas.

The basic strategy for snow removal and ice control is: first - remove as much snow or ice
as possible with suitable plowing equipment and second - treat any remaining snow or ice
with sand, salt, or a salt/sand combination to achieve good winter driving conditions within

3
SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

the required time frames. Plowing and deicing activities will continue, as weather and
operational conditions permit, with the aim of eventually achieving bare pavement.

Steep hills, curves, important intersections, and other areas known to create difficulties
for traffic, should be attended to first.

Once good winter driving conditions have been achieved along all routes, "cleanup"
activities, including the plowing of shoulders, cross-overs, approaches, etc., can be
started if snow and ice deposits are significant enough to be considered a hazard to
traffic.

Highways are to be kept open to traffic as long as conditions permit.

If visibility is reduced to below 75 metres, or when, in the opinion of the equipment

operator and area foreman, it is too hazardous to continue snowplowing, the equipment
should be removed from the roadway to a safe location. Snowplowing should be resumed
as soon as visibility improves sufficiently to allow operation at an acceptable level of
safety.

Road closures due to severe weather to be communicated between Owners; Owners to

mutually agree to close Shared Road

1.2.2 ICE CONTROL OPERATIONS — PAVED ROADS

Under many conditions, the application of proper amounts of deicing chemicals onto the
roadway will help to remove packed snow, ice or frost, thereby improving traction and
driving conditions. Salt (sodium chloride) and calcium chloride are the primary deicing
agents used.

Deicing chemicals should only be used on ice, frost or snow, which cannot be removed
by snowplowing.

The application rate of salt varies considerably, depending on the surface condition being
treated and the current and forecasted weather conditions. Experience and judgement
must be used when determining application rates. Only the amount of salt necessary to
do the job must be used. The proper use of deicing chemicals represents a cost efficient
and effective use of resources.

Timing of the application of salt is critical, especially when conditions for its use are
marginal. There is little heat available from the sun in December and January and, ideally,
salt is applied just as the surface begins to warm. This will help ensure that the salt is on
the roadway surface during the warmest part of the day. Following these practices will
maximize the effectiveness of salt in removing snow and ice.

Use of salt when the temperature of the road surface is below —10 degrees Celsius is not
justifiable. Salt loses its effectiveness rapidly under this temperature, and excessive
amounts are necessary to achieve melting action. Under such conditions, straight sand or
sand pre-wetted with a liquid deicing chemical should be applied to maintain the best
possible driving conditions.

When conditions are favorable, salt or a liquid deicer applied early in the storm will
prevent the bond from forming between the pavement and packed snow. Much less salt
is required to prevent the bond from forming than to melt packed snow after the snowfall
has ended.

4
SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

Time is of the essence when chemical applications are involved. Often snow, sleet and
freezing rain are created by rapidly advancing cold air. Temperatures can drop
dramatically in a matter of hours. Any necessary chemicals must be applied quickly to
allow as much time as possible for them to work. If timing of snow plowing and chemical
applications are right, the highway will "freeze dry". At low temperatures too much diluted
brine on the roadway will freeze to ice.

Table 2 provides guidelines for adjusting salt application rates under varying conditions.

Table 2 — Salt Application Guidelines

Rates kg of Conditions Factors Affecting Salt

Salt per 2 (Road and Weather) Application Rate
lane km
50 • temperature near 0 Celsius INCREASE RATE WHEN
• light amounts of • temperatures are lower or
snow/ice/frost falling
• road surface is cold
• increased amounts of
snow/ice/frost
• traffic flow is light and won't
help break up ice

125 • temperature near -6 Celsius

• moderate amounts
of snow/ice
225 • Temperature near -10 Celsius Decrease Rate When:
• Thicker ice/snow • temperature surface is rising
• For temperatures below —10 • road surface is warm
salt has limited effectiveness • the sun is warming the road
and straight sand should be surface
used. • there are lesser amounts of
snow/ice
• traffic volume is higher and
will help break up ice

Note: This table refers to the amounts of salt in a sand/salt mixture. At near-
freezing temperatures, brine from the salt will be tracked by traffic
several hundred metres beyond the area treated, so that intermittent
applications of salt may give the same effect as a lighter, continuous
application.

For example: If spreading a 50-50 mix of sand and salt at the suggested salt
application of 50kg per 2 lane kilometre, the total amount of 50-50
material being spread on the road would be 100 kg per 2 lane kilometre.

Sanding will improve traction and provide better winter driving conditions when
temperatures are too low for the effective application of ice control chemicals. Typical
sand application rates for providing traction are 1000 kg/2 lane km for heavy sanding, 500
- 700 kg/2 lane km for normal sanding, and 300 - 500 kg/2 lane km for reapplication of
sand or light sanding.

5
 SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

When temperatures are near —20 degrees Celsius, calcium chloride or other pre- wetting
agents may be added to help imbed the sand particles into the ice surface. Adding 0.5 to
1.5 percent by weight of calcium chloride will promote this effect. The addition of too
much calcium chloride will cause tracking and create icing.

If snow is blowing across the highway without sticking, sand should not be applied unless
the highway is dangerously slippery, as the sand will cause the snow to stick, aggravating
drifting and icing problems.

Ice Blading can be carried out when deicing chemicals are not effective and involve
removal or roughening of ice and packed snow from the paved roadway surface with the
aim of achieving good winter driving conditions. Under no circumstances will carbide
tipped removable tooth blades (i.e. System 2000 ice blades) be used on paved surfaces.
Ice blading on seal coated roads is not recommended and should only be done with
extreme caution.

When snow accumulations at the edge of the paved surface exceed 30 centimetres, or
when snow at the side of the road causes drifting, winging should be considered.

1.3 SNOWFENCE

Snowfence should be placed in areas where snow drifting is prevalent to reduce snow
accumulation on the roadway and to improve visibility. The location of the snowfence will be
determined by local conditions and past experience.

2.0 SURFACE MAINTENANCE — PAVEMENT

2.1 PAVEMENT REPAIR — GUIDELINES

All highway surfaces must be kept in a condition suitable for safe travel at the posted speed
limit. Keeping the surface of all roads in a safe condition is the number one priority maintenance
item.

Annual inspections of all paved road surfaces will be carried out by the Owners.

Scheduling and prioritization repairs to be determined as a result of the annual inspection. May
is the recommended month for annual inspection.

Breaks or distortions that occur on the pavement's surface can pose a hazard to traffic; these
areas must be identified and attended to immediately. Until the necessary repair work is done,
warning signs must be placed on each side of break or distortion area. The hazard must be
monitored until repaired. The permanent repair of all serious pavement break areas and
distortions must be completed as quickly as possible.

Transverse cracking, surface oxidization, general hairline cracking, pavement joint separation
and roller cracks, are examples of distresses which if left unattended, will eventually develop
into more serious pavement failures. The Owners will work together to identify these areas for
proactive maintenance planning.

6
k )

SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

Pavement Distresses that would require treatment would include:

Potholes • Subgrade Failures

Alligator Cracking • Settlements/Distortions (i.e. culvert dips)
Wheelpath Cracking • Spalling and Raveling
Depressed Transverse Cracking • Rutting

2.2 PAVEMENT REPAIR — STRATEGIES

The Owners will work together to determine the appropriate pavement repair strategies.

Examples of pavement repair strategies include:

• Selective and full surface seals (i.e. chip seals and sand slurry seals); These are useful
methods for repairing aggregate loss which may have occurred as the result of the
progressive deterioration of segregated areas. While it will not fix underlying failures in
the asphalt structure, sealing the surface may prolong the life of the pavement.

• Deep patching is used when base and pavement repair is required (i.e. structural
failures). Skin patching can be used to address raveling, rutting, and depressions or
distortions.

• Rout and seal, spray patch, mill and fill, treatments can be used to repair various types of
cracking and transverse cracking.

A repair strategy will be selected based on the final result desired. For example, if a road
segment is scheduled for major rehabilitation in the following year, the Owners may opt to select
a lower cost repair as opposed to a higher cost repair that would have better long-term
performance. In this example long term performance of the repair would not be a factor due to
the fact that the segment will receive an overlay in the following year.

There are also different methods of completing the same type of repair. For example, there are
two methods of providing skin patching, with a grader or with a paver. Both of these repair
methods have advantages and disadvantages. Based on the desired results, the Owners will
work together to determine the appropriate method for patching.

Driver safety will continue to be the primary focus of the Owners when selecting any treatment
strategy.

2.3 CRACKSEALING

2.3.1 GUIDELINES

Cracksealing is a pavement preservation activity that is to be carried out on an "as

required" basis. The Owners will determine which portions of the Shared Road are to be
crack-sealed each year.

The purpose of cracksealing is to prevent moisture from penetrating the base and
subgrade thereby weakening the roadway structure. It also prevents material spalling
from the edges of the cracks.

7
I 4

SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

Cracks, that are wide enough to accept crackfiller (usually wider than 5mm), should be
sealed as early as possible once the frost is out of the base layer. Under certain
conditions some sections of highways may not require annual crackfilling (e.g. well
drained subgrades). The earlier this function can be completed, the more successful it will
be in minimizing moisture penetration from spring rainfalls. Cracksealing should be
completed prior to June 30, although rout and seal work may be scheduled after this date.

2.3.2 STRATEGIES

The intent of the cracksealing is to ensure that the crack is sealed. A crack does not need
to be completely full to be considered sealed. It is not uncommon for the material to sag
or settle in the crack and not look filled after a period of time.

Various asphaltic materials are acceptable for cracksealing. The usual materials used in
Alberta are cold pour, catalytic cracksealer, hot pour and various types of hot pour
rubberized cracksealers.

In order to provide for proper accommodation of traffic, cracksealing must be carried out
on one lane at a time with signs and properly attired flagpersons directing traffic. Signing
must be in accordance with the appropriate signing diagram in the Traffic Accommodation
in Work Zones manual.

A blotting agent may be required where traffic cannot be kept out of the work zone (i.e.
intersections) before the crackfilling material dries.

3.0 SURFACE MAINTENANCE — GRAVEL

3.1 SHOULDER MAINTENANCE

Shoulder maintenance (pulling, compaction and grading of shoulders) will be done on roadways
on an as required basis. Roadways should be inspected regularly to determine whether pulling
shoulders is required.

Shoulder maintenance to occur when vehicle safety or integrity of road structure becomes
jeopardized due to erosion or other factors. Where repairs are required, repair location is to be
corrected to a profile consistent with IFC design drawings unless erosion mitigation is required
where geotextile and rip rap, or approved equivalent, may need to be installed. This installation
should align with original design road profile when possible.

Shoulder maintenance will be required when, the shoulders of the roadway push out, the crown
rate of the roadway becomes flatter than 1%, or the cross-section is wider than designed and
not properly draining. Typically, shoulder maintenance will be required prior to the
commencement of regravelling operations.

3.2 DUST CONTROL

Dust control to be utilized to minimize safety hazards caused by severe dust conditions on
gravel roadways. Owners to work together to identify all roadway segments that will require dust
control, including dust control required from adjacent Owner's roadways. Dust abatement
material may be applied to selected roadways, intersections, on curves, hills, in hamlets, and
other public places. The application of dust control materials is usually initiated late in the
spring. Prior to the application of dust abatement material, the Owners will identify the sections
of roadway and the adjacent Owner's roadways that need to be bladed and/or regravelled.
Dust control to be provided on an "as-required", based on safety criteria.

8
10

SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

Materials used for dust abatement can include:

• Water
• Flake Calcium Chloride
• Liquid Chemical Products
• Petroleum Products

Recommended application rates are as shown in Table 5. Local conditions may justify
pre-approval of other applications rates.

Table 5 — Dust Abatement Application Rates

Type Kg/m2
Flake calcium chloride .75
Liquid calcium chloride .75 — 1.25
Lignosulphates .75 — 1.25 (50% dilution)
Petroleum based products Suppliers recommended rates
Water As required

4.0 RIGHT-OF-WAY MAINTENANCE

4.1 RAILWAY CROSSING MAINTENANCE

Crossing maintenance is required to ensure a safe crossing for the motoring public and the
railway operator. Standard inspection procedure to meet site specific rail crossing design to be
followed. Highway standards are not applicable to the rail crossing to access to the Clubhouse
Potable Water Station.

All crossings will be kept clear of all debris, gravel, snow and ice, resulting from roadway
maintenance activities. When roadway maintenance affects the operation of the railway, the
railway operator must be notified prior to the commencement of the work. All crossings should
be signed in accordance with Alberta Infrastructure standards.

The railway operator should be immediately notified of conditions which may interfere with the
safe operation of the crossing. Loose planking or rail damage should be reported to the railway
operator as soon as possible.

4.2 DELINEATORS

Delineators, sometimes referred to as guideposts, are installed to assist the motorists during
periods of limited visibility. Delineators are used;
• at changes in road alignment,
• at changes in roadway width,
• for marking roadside hazards, including junction boxes,
• as a guide for turning movements,
• in advance of a guardrail end treatment that is turned away from the highway.

Delineators shall be located in accordance with the warrants described in the Design Guide for
Traffic Barriers Section of the Traffic Control Standards Manual. Delineators are not warning
devices, and appropriate warning signs must be used to advise motorists of hazards.

9
 SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

4.3 GUARDRAIL

Guardrail is a longitudinal roadside barrier that is intended to contain or redirect a vehicle that
may inadvertently attempt to leave the roadway. Typically, guardrail is used to protect vehicles
from three major hazards: roadside obstacles, permanent bodies of water, and steep slopes or
high embankments.

Proper maintenance of guardrail is critical to safe operations. Improperly installed/maintained

guardrail can actually be more of a hazard than the feature they guard.

The Owners will inspect all guardrails annually to ensure proper and effective operations;
guardrail that is prone to damage should be inspected more frequently. The Owners will identify
all substandard guardrail and will work together each year to develop a guardrail
replacement/repair/maintenance program based on the needs of the network. If guardrail
causes a snow drifting hazard that is more severe than the original hazard the guardrail was
intended to protect against, the installation should be reevaluated.

4.4 MOWING

Vegetation along the right-of-way will be mowed for the following reasons:

• eliminate obstructions to sight distance on curves.

• control weed and brush growth.
• reduce snow drifting on the roadway.
• provide for unobstructed drainage.
• reduce the fire hazard in some areas.
• improve road aesthetics.
• eliminate obstruction to signs.
• increase the visibility of large animals on the right-of-way.

Mow once per year.

4.4.1 BURNING

Burning grass or debris within the right-of-way is not desirable, as it can create several
problems. It is, therefore, the policy of the Owners that burning in the highway ditches
is not done at any time. Besides the problem of containing fires within the right-of-
way, there is the possibility of a change in wind direction, resulting in smoke on the
travelled portion of the Shared Road, creating poor visibility. Alberta Environment is
also concerned with the destruction of cover for small birds, leaving them exposed to
predators and destroying their nesting area.

4.5 WEED CONTROL

Alberta Infrastructure places a high priority on weed control within all highway right-of- ways.

The Owners will work closely with the Agricultural Service Board to determine the weed
spraying requirements along the Shared Road. Once a weed control program has been
developed, the Owners should meet to review the program.

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SHARED ROAD MAINTENANCE GUIDELINES AND LEVEL OF SERVICE

By maintaining close communications, the Owners will be able to ensure that new weed
issues are being dealt with quickly and that overall weed control is being provided in a
timely and effective manner.

4.6 BRUSH CONTROL

Remove brush along the Shared Road where necessary in order to;
• improve sight distance at intersections and curves,
• restore proper drainage in ditches,
• reduce snow drifting problems,
• and allow for dissipation of dust clouds, created by traffic on gravel roads.

Brush control is best performed before the vegetation reaches 2m in height or before sight
distance becomes impaired.

Brush control requirements will be reviewed by the Owners on an annual basis.

After brush control operations have been completed, all cuttings larger than 10cm in diameter or
longer than 50cm should be removed and properly disposed of. Mechanical brushing may
produce debris small enough to leave in the right-of-way.

4.7 DRAINAGE SYSTEMS

As flowing water can be one of the greatest natural destructive forces affecting a road, it is very
important that all structures and other features of the drainage system are well designed and
properly maintained. In order to maintain a roadway in optimum condition, water must be kept
from saturating the subgrade and also from eroding the roadway.

Drainage systems include the following components:

Ditches Culverts
Ditch Blocks Curbs/Gutters
Down Drains Subsurface Drains
Bridges

Each spring, the Owners will update and prioritize the culvert maintenance program. This
program will describe any drainage system deficiencies and identify what corrective action
needs to be taken.

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4.7.1 CULVERTS

Culvert installations play an important role in the effective operation of the Shared
Road. Culvert installations provide relief for natural drainage channels and also
prevent the undue accumulation and retention of water on and adjacent to the Shared
Road.

Properly installed and maintained culverts will protect the Shared Road against storm
and subsurface water damage. The capacity of culverts can be reduced dramatically
when damaged or blocked by silt, debris, or ice.

Each year, the Owners will work together to develop a culvert

replacement/repair/maintenance program based on the needs of the Shared Road.
Culverts prone to freezing, should be inspected in the early spring. Culverts that
become plugged with ice during spring runoff should be steamed open as soon as is
practical.

Repair, replacement, and maintenance of all culverts located within the Shared Road
right-of-way.

Maintenance of culverts will include silt removal and spring steaming on an as

required basis.

4.7.2 DITCHES

Ditches that become "silted in" or blocked can alter the natural drainage patterns thus
causing flooding. Periodic maintenance of ditches may be required to ensure that
drainage ditches are functional and that they are capable of carrying their design
flows.

All ditches, especially those with heavy flows and those subject to flooding or erosion,
should be inspected each spring or during peak flow periods to ensure proper
operation.

4.7.3 STORM SEWER

Once installed, the on-going operation and maintenance of storm sewer facilities,
including catch basins will remain the responsibility of the Owner whose infrastructure
is serviced by such storm sewer facilities.

5.0 TRAFFIC CONTROL DEVICES

5.1 SIGN MAINTENANCE

The Shared Road should be checked on a regular basis to ensure that all signs are properly in
place, functional and conform to established standards. In addition to daytime inspections,
night inspections should be carried out regularly to ensure that signs are reflective and legible
during hours of darkness. Lighting which has been installed on overhead sign structures should
be inspected regularly to ensure that all fixtures are operational.

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5.2 LINE PAINTING

Line painting is a traffic control device that is used to define traffic lanes and assist in the
control, warning and guidance of the road user. The Benga Owner will follow the standards for
line painting as defined in the Alberta Highway Pavement Marking Guide.

Responsible for all line painting on the Shared Road with the exception of parking lines. The
marking of parking lines will be the responsibility of the individual Owner.

All line painting shall be maintained in good condition. Typically, line painting is carried out on
an annual basis throughout the province. The Owners will inspect the status of the line painting
annually and determine whether line painting is required for the Shared Road.

5.3 MESSAGE PAINTING - STOP BAR PAINTING AT INTERSECTIONS

Maintain intersection stop bars, within the right-of- way. All stop bars shall be maintained in
good condition.

6.0 ROADWAY ILLUMINATION

Maintain streetlights in working order.

7.0 SPRING CLEANUP

7.1 SWEEPING AND CLEANING

In rural areas, scheduled sweeping is undertaken once in spring, normally at intersections

where there is accumulation of winter sanding material. Frequency at gravel to asphalt road
interface is expected to require increased cleaning frequency unless mitigated by other means.
Sweeping is usually carried out at intersections with turning bays, bridge decks, or along raised
median. At other times of the year, sweeping is done as required to remove debris from the
road surface (i.e. trucks turning onto the road from a muddy field).

Sweeping and cleaning paved surfaced is undertaken to:

• Remove sand and debris from the pavement surface to avoid damage to vehicles.
• Remove sand and debris from areas scheduled for line and message painting.
• Prevent debris from entering drainage inlets.
• Reduce potential for skidding by increasing traction.
• Remove sand and debris from the pavement surface prior to crack filling or tacking.
• Clean up spills and vehicle accident debris.
• Remove loose chips from pavement surface.

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