wet St ore nie Page 4 of 7 pages WHEREAS : A. The Covenantor is the registered owner of or has an equity of redemption in ALL AND. SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Port Coquitlam, in the Province of British Columbia, and more particularly known and described as: Parcel Identifier 016-790~367 LOT wan District Lot 344 Group 1 New Westminster District Plan NWP87543 (hereinafter called the "said lands"); B. Section 215 of the Land Title Act provides that there may be registered as a charge against title to the land, a cavenant ag therein authorized, whether of a negative or positive nature, in favour of a Municipality; and C. The said lands are, or could reasonable be expected to be, subject to settlement or erosion as outlined in the Geotechnical Report prepared by Golder Associates Ltd., dated November 23, 1992 (£/92/1742) NOW THEREFORE, IN CONSIDERATION of the sum of One Dollar ($1,00) paid to the Covenanter by the City (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto do hereby covenant and agree each with the other as follows: 1. The Covenantor covenants and agrees with the City that: (a) hereafter, no fill shall be placed nor shall any building or structure be constructed, on those portions of said lands shewn within the heavy black line on Reference Plan LMP prepared by B.C.L.S. and dated (b) the Covenantor shall indemnify and release the City against any claim or action arising from the granting, registration, enforcement or non-~enforcement of this Covenant; and without limiting paragraph 1(b), the Covenantor shall not claim damages from the City or hold the City responsible for damage caused by settlement or erosion to the said 3 and