a ite an ai a pele Yay fant pata ty 2. Page 5 of 7 pages the Covenantor shall, at the expense of the Covenantor, do or cause to be done all acts reasonably necessary ta grant priority to this Agreement over al charges and encumbrances which may have been registered against the title to the said lands in the Lower Mainland Land Title Office save and except those specifically approved in writing by the City or in favour of the City. The Covenantor COVENANTS AND AGREES that, within the area charged by this Restrictive Covenant, where steep grades are adjacent to the property line and a hazard exists, a fence shall be constructed in such a manner as to protect the safety of a pedestrian. IT IS MUTUALLY UNDERSTOOD, AGREED AND DECLARED by and between the parties hereto that: (a) the City has not made any representations to the Covenantor or any other person except as contained in this Covenant, and without limitation it is not represented that the said lands or that a portion thereaof or any building, structure or improvement constructed or located on the said lands will not be damaged hy settlement or erosion whether or not the provisions of this Agreement are complied with: and nothing contained or implied herein shail prejudice or affect the rights and pawers of the City in the exercise of its functions under any public or private statutes, by-laws, orders and regulations, all of which may be fully and effectively exercised in relation to the said lands as if this Agreement had not been executed and delivered by the Covenantor: the Covenants set forth herein shall charge the said lands pursuant to Section 215 of the Land Title Act and shall be covenants the burden of which shall run with the said lands. It is further expressly agreed that the benefit of all covenants made by the Covenantor herein shall accrue solely to the City and that this Agreement may only be modified by agreement of the City with the Covenantor or the registered owner of the said lands, or discharged by the City, pursuant to the provisions of Subsection 215(5) of the Land Title Act: