City Mews By-Laws

1. The Proprietor of lot 18 shall be given the special privilege of being permitted to install one (1) skylight ("the skylight”) in the roof above Lot 18, such installation to be in accordance with the drawings of Tony McGregor, supplier and installer of Velux Roof Windows & Skylights contained in the Quotation No. 1035 dated 14th January 1995. 2. Upon installation of the skylight ("the works") the proprietor from time to time of Lot 18 shall have the right of exclusive use and enjoyment of the area occupied by the skylight. 3. The conditions set out hereunder shall apply to and control and regulate the special privilege granted by sub-clause 1 and the rights granted by sub-clause 2: a. Prior to the commencement of the construction of the works, the proprietor of Lot 18 shall obtain the approval of all 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 regulations and shall insure and be responsible for the compliance with such directions, orders and requirements by his servants, agents and contractors. b. The works shall be carried out in a proper and workmanlike manner and by duly licensed tradesmen. c. The proprietor of Lot 18 shall indemnify and keep indemnified the Body Corporate against: i. Any sums payable by the Body Corporate 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, damages and expenses which may be incurred by or brought or made against the Body Corporate and arising directly or indirectly out of the works or the altered state of the common property of Lot 18; 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 Body Corporate is or becomes liable pursuant to Section 64(8) of the Strata Titles Act 1993 in respect of the works or improvements resulting from the works; v. Reasonable professional fees for any experts retained by the Body Corporate to supervise or advise upon. the works. d. The proprietor of Lot 18 shall maintain and keep in a state of good and serviceable repair the . works and perform repairs to the works when the Body Corporate shall reasonably so require in "a manner approved or directed by the Body Corporate acting reasonably. e. In the event that the proprietor of Lot 18 fails or neglects to comply with the conditions of this sub-clause or to discharge any duty referred to herein and fails to comply with a written notice of the Body Corporate requiring rectification of such failure or neglect within a reasonable period specified in such notice, the Body Corporate by its agents, servanatnsd contractors may at the expense of the proprietor of Lot 18 carry out any appropriate maintenance or repair work or close up the skylight and reinstate the common property to its condition prior to the works and for such purposes may enter Lot 18 at any reasonable time on reasonable notice given to the proprietor of Lot 18 and recover the costs of doing any such work as a debt from the proprietor of Lot 18. f. The proprietor of Lot 18 shall ensure that there are effected the following insurance policies in the joint names of herself and the Body Corporate with a company approved in writing by the Body Corporate for the period of the works: j. Contractor's All Risk Insurance incorporating Public Liability Cover in an amount of $10,000,000.00 and providing cover in the event of claims by proprietors and occupants of the strata scheme; ii. Worker's Compensation Insurance. g. In the event that there is more than one proprietor of Lot 18 this By-Law shall bind such proprietors jointly and severally.