City Mews By-Laws

1. The proprietor of Lot 43 Strata Plan 16884 shall be given the special privilege of permitted to construct a loft (the “loft") in that part of the common property comprising the ceiling to and the space above Lot 43 extending to the roof and to install skylights (the "skylights") in the roof above Lot 43, such construction and installation to be in accordance with BCA Requirements for Class 2 Units, the drawings described as "proposed attic floor" at Apartment 43/ 75 Buckland Street, Chippendale numbered 2008.0183/SI dated November 2008 to be amended to meet the building Code of Australia Class 2 Units. 2. Upon completion of the loft and installation of the skylights (the “works") the proprietor from time to time of Lot 43 shall have the right of exclusive use and of the area occupied by the loft and the skylight. 3. The conditions set out here under shall apply to and control and regulate the special privilege Pa11g ofe 77

granted by Sub-Clause 1 and the right granted by Sub-Clause 2: a. Prior to commencement of construction of the works the proprietor of Lot shall obtain the approval Statutory and other authorities whose requirements pertain to the works and in performing the works shall comply with all directions, orders and requirements of the said authorities including fire and shall insure and be responsible for compliance with such directions, orders and requirements by his servants, agents and contractors. b. The work shall be carried out in a proper and workmanlike manner and licensed tradesmen. c. The proprietor of Lot 43 shall indemnify and keep indemnified the Owners Corporation against: i. Any sums payable by the Owners Corporation by way of increased insurance premiums as a direct or indirect result of the use of the relevant area of the common property by or of the works; ii. All actions, proceedings, claims, demands, costs, darmages and expenses which may be incurred by or brought or made against the Owners Corporation and arising directly or indirectly out of the works or the altered state of the common property or Lot 43; iii. All the costs including legal costs of and about the making of this By-law; iv. Any costs or damages incurred by or for which the Owners Corporation is or becomes liable in respect of the works or improvements resulting from the works; v. Reasonable professional fees for any experts retained by the Owners Corporation to supervise or advise upon the works. d. The proprietor of Lot 43 shall maintain and keep in a state of good and serviceable repair the works and perform repairs to the works when the Owners shall reasonably so require in a manner approved or directed by the Owners Corporation acting reasonably. e. In the event that the proprietor of Lot 43 fails or neglects to comply with conditions of this Sub- Clause or to discharge any duty referred to herein and fails to comply with a written notice of the - Owners Corporation requiring rectification of such failure or neglect within a reasonable period specified in such notice, the Owners Corporation by its agents, servants and contractors may at the expense of the proprietor of Lot 43 carry out any appropriate maintenance or repair work or close up the loft skylight and reinstate the common property to its condition prior to the works and for such purposes may enter Lot 43 or the loft at any reasonable time on reasonable notice given to the proprietor of Lot 43 and recover the cost of doing any such work as a debt from the proprietor of Lot 43. f. The proprietor of Lot 43 shall ensure that there are effected the following insurance policies in the joint names of himself and the Owners Corporation with company approved in writing by the Owners Corporation for the period of the works: i. Contractors All Risks Insurance incorporating Public Liability Cover an amount of $10,000,000.00 and providing cover in the event of claims by proprietors and occupants of the Strata Scheme; ii. Workers Compensation Insurance. g. In the event that there is more than one proprietor of Lot 43 this By-Law shall bind such proprietors jointly and severally.