Thirdly:

Lots 1, 2, 36, 37, 38, 39, 40
Block 21

District Lot 464

Group l

Plan 2363

New Westminster District

(the "Lands").

2. The Owner shall not construct any appurtenance to any
structure located on the Lands which appurtenance encroaches on a
highway, land or sidewalk, ether than as set out in section ,2

hereof.

3. The City is aware of and has no objections to the
Encroachment being a sidewalk canopy fixed to the side of a
building constructed on the Lands, the location of which canopy
is shown outlined in red on that certain sketch attached as
Schedule "A" hereto (the "Encroachment")..

4. No provisions of this Agreement and no act or omission
or finding of negligence, whether joint or several, as against
the City in favour of any third party, shall operate to relieve
or shall be deemed to relieve the Owner in any manner whatsoever
from any liability to the City whether such liability arises
under this Agreement, under the provisions of the Municipal Act,
R.S.B.C. 1979, c. 290 (the "Act") or otherwise.

The Owners