1443 - Final Signed Judgement · OPW20/0127

i. A diagrammatic representation of the flood risk;

ii. Notice that persons, and particularly children, must not enter the Restricted
Area in times of, or immediately after, heavy rainfall;

iii. The wording: FLOODWAY WARNING, RAIN MAY CAUSE FLOOD
WATER TO RISE, KEEP OUT OF THE FENCED AREA DURING HEAVY
RAIN;

iv. A description of the emergency walk-out route to Mitti Street via the
elevated walkway (including an internal diagram of the house showing how
to get to the elevated walkway); and

Vv. Identification of the emergency telephone number as “000”;

I The Grantor must make accessible to the Grantee upon reasonable request a
copy of the information pack and any other information reasonably requested by
the Grantee to demonstrate compliance with clause 3(k).

In the event of non-compliance with the obligations in clause 3, the Grantor may issue
a written notice to the Grantor requiring the Grantor to rectify the non-compliance
(Rectification Notice) and:

a. The Grantor must comply with the Rectification Notice within 14 days of the issue
of the Rectification Notice or such other reasonable time period as may be
specified in the Rectification Notice, regardless of whether or not the Grantor is
responsible for the non-compliance;

b. In the event that the Grantor fails to comply with the Rectification Notice within the
time allowed in accordance with clause 4(a), the Grantee may, by itself or by an
agent or contractor, or other person authorised by it, enter the Easement Area,
perform any rehabilitation or remedial work, demolition works, or anything else that
may be required to rectify the Grantor's non-compliance, and recover all of the
costs of performing the work as a debt from the Grantor payable on demand;

c. Inthe event of a breach of this easement by the Grantor the Grantor will indemnify
the Grantee against all costs and expenses of any nature or kind incurred or
expended by the Grantee in carrying out any work necessitated by or arising out
of any breach on the part of the Grantor of this easement; and

d. For all or any of the purposes aforesaid the Grantee, its surveyors, engineers,
servants, agents licensee’s, contractors, sub- contractors, workmen and others
authorised by it with or without any materials, machinery, equipment, tools,
equipment and other vehicles and things laden or unladen, will have the right to
use such lands of the Grantor immediately adjacent to the Easement Area as may
reasonably be required by the Grantee in connection with or the purposes
aforesaid.

The Grantor is only liable for breaches of this easement caused or contributed to by the
Grantor or its authorised agents, or which it permits or allows or fails to take reasonable
steps to prevent.

The Grantor shall not be in breach of this easement for any damage in the Easement
Area caused by any natural occurrence or otherwise caused by something beyond the
control of the Grantor, however the Grantor must perform any rehabilitation or remedial
work or anything else to rectify the damage within a reasonable time.

The Grantee is not required to contribute to the cost of maintaining the surface level of
the Easement Area.

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