1. The Owner hereby covenants, promises and agrees,
Pursuant to Section 215 of the Land Title Act, R.S.B.C. 1979,
Chapter 219 and amendments thereto, it being the intention of the
Owner that the covenants herein contained shall be annexed to the
Lands, that, notwithstanding any bylaw, license or permit of the
City permitting or authorizing the use of the Lands for the
retail sale of beer ang wine for off premises consumption, the
lands or any building thereon Shall not after September 1, 1989
be used for the retail Sale of beer and wine for eff premises
consumption.

2. The City covenants and agrees that it shall release and
discharge this covenant, upon the Lands and all buildings
thereon being connected to the City's public sewer system
provided that the City also covenants and agrees that if its
public sewer system is not available or Operational for such
connection as aforesaid on or before September 1, 1989, the City
Shall execute and deliver to the Covenantor a waiver of its
rights to enforce this covenant for six months and thereafter
provide such waiver at six month intervals until the date the
Said public sewer System 1s available and Operational for the
purposes of servicing the Lands and buildings thereon.

3. The Covenantor acknowledges and agrees that no waiver
of right to enforce as hereinbefore provided Shall in any Way
whatsoever estoep, bar, impair, impede or derogate from the
City's right to enforce this Restrictive Covenant except within
the period provided for in such waiver.

4. y's Engineer that the City's
public i ional for connection to
Lands j

the

5. The Owner will upon the reasonable request of the City
make, do, execute or cause to be made, done or executed all such
further and other lawful documents for the better or more perfect
and absolute performance of the grants, covenants, promises and
agreements herein set forth as May be requisite.

6. The covenants herein Shall run with the land.

7. These presents Shall enure to the benefit of and be
binding upon the Parties hereto and upon their respective
successors and assigns.