WHEREAS:

A.

The Covenantor is the owner in Fee-Simple of all and Singular
that certain parcel of land situated in the City of port
Coquitlam in the Province of British Columbia and more
particularly known and described as;

*

City of Port Coquitlam P.I.D. 002-923-793 Lot 18, Section 7,
Township 40, New Westminster District, Plan 70874
(hereinafter called the “Lands").

The Covenantee is the registered owner of a charge registered
against the Lands being Statutory right-of-way # ¥203946 (the
"Statutory Right-of-Way").

The Statutory Right-of-Way grants to the Covenantee the right to
construct and maintain certain works within a portion. of the
Lands shown in black outline on Statutory Right-of-Way plan
#70873 (the "Right-of-Way Area")

The Covenantor has constructed a portion of a building (the
“Encroachment") within the Right-of-Way Area;

The Covenantee has agreed to permit the Encroachment to remain in
the Right~of-Way Area on the terms and conditions of this

Agreement.

NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties herein contained and of the
sum of One Dollar ($1.00) now paid by the Covenantee to the Covenantor
{the receipt and sufficiency whereof is hereby acknowledged by. the
Covenantor), the parties hereto do hereby covenant and agree. each with
the other as follows: :

i.

The Covenantor acknowledges that the Encroachment is situated
within the Right-of-Way Area,

The Covenantee covenants and agrees that it will not take any
action against the Covenantor to remove the Encroachment;

The covenantor covenants and agrees that notwithstanding
paragraph 2 herein the Covenantee shall retain all of its rights
pursuant to the Statutory Right-of-Way and that the Covenantee
dees not represent to the Covenantor that the Encroachment will
not be damaged by the excercise by the Covenantee of any of its
right pursuant to the Statutory Right-of-way and the Covenantor
agrees to save harmless the Covenantee in the event of any damage
being caused by the excercise by the Covenantee of any of its
rights pursuant to the Statutory Right-of-Way.

Seve iy Geeta Wee