City Mews By-Laws

1. The owner of lot 45 for the time being (‘Owner’) has the special privilege of being permitted to construct a loft (‘Loft’) in that part of the common property comprising the ceiling and the space above that lot extending to the roof and to install skylights (‘Skylights’) in the above the lot, such construction to be in accordance with the drawings of Philip Sanderson Drafting attached. 2. On completion of the Loft and installation of the Skylights (‘Works’) the Owner will have exclusive use and enjoyment of the cubic space occupied by the Works. 3. The following conditions apply to and regulate the special privilege and exclusive use granted by clauses 1 and 2 of this by-law: a. Prior to commencement of construction of the works, the Owner must obtain the approval of all statutory and other authorities whose requirernents pertain to the Works and informing the Works the owner must comply with all directions, orders, requirements of those authorities including fire regulations and must ensure and be responsible for compliance with directions, orders and requirements by the owners’ servants, agents and contractors. b. The Works must be carried out in a proper and workman like manner and by tradesmen. c. The Owner indemnifies 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 or of the Works; ii, all actions, proceedings, claims, demands, costs, damages 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 the lot; iii. all costs, including legal costs of or about the making of this by-law; iv. any costs or damages incurred by or for which the owners corporation is or becomes liable under the Strata Schemes Management Act 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 Owner must maintain and keep in a state of good and serviceable repair the Works perforin repairs to the Works when the owners corporation may reasonably require and in manner approved or directed by the owners corporation acting reasonably. e. In the event that the Owner fails or neglects to comply with the conditions of this by or to discharge any duty referred to in this by-law, and fails to comply with a written notice from or on behalf of, the owners corporation requiring rectification of such failure or neglect within a reasonable period specified in that notice, the owners corporation by its servants, agents and contractors may at the expense of the Owner carry out any appropriate maintenance or repair work or close up the Lift and /or the Skylights and reinstate the common property to its condition prior to the Works and for such purposes may enter the lot or the Loft at arty reasonable time on reasonable notice given to the Owner and recover the doing any such work as a debt from the Owner. f. The Owner must ensure that there is effected the following insurance policies in the joint names of the Owner and the owners corporation with a company approved by the owners corporation for the period of the constructions of the Works: i. contractor's all risks cover including public liability cover for an amount not less $10,00,000 and providing cover in the event of claims by other owners or occupiers of the strata scheme, or by the owners corporation; ii. Home Building Act insurance noting the interest of the owners corporation in any common property being effected: iii. Workers compensation insurance. g. In the event that there is more than one Owner from time to time this by-law binds such owner jointly and severally. Pa34g ofe 77