28-OCT-1991
18:07
BRITISH TRADE COMMISSION
Buildings and
Structures
over a
Drainage Reserve
Cessation or diminution of
user
Alienation
(ii)
provide, lay and construct such sewers and drains, culverts, manholes with covers, access and other structures for or in connection with the drainage or streamcourse diversion and Drainage Reserve as the Director at his sole discretion may require, in such manner, at such levels, with such materials and to such standards, specifications and design as may be approved by the Director and shall thereafter maintain at his own expense the said item in good condition and to the satisfaction of the Director until the lot has been developed in accordance with these Conditions.
(b) No Building or support for any building shall be erected at or below or within 5.10 metres above the ground level on or over the Drainage Reserve. Building or buildings at first floor level and above may be erected over the said Drainage Reserve provided there is a clear space extending upwards from the ground level to a height of not less than 5.10 metres. FOX the purpose only of this Special Condition the decision of the Director as to what constitutes the ground level shall be final and binding upon the Grantee.
(c) The Director and his officers and contractors, his or their workmen with or without tools, equipment, machinery or motor vehicles shall have the rights of free ingress, egress and regress to and from the lot or any part thereof for the purpose of inspecting maintaining, repairing and renewing any of the drains and services within the Drainage Reserve. The Director and his officers and contractors, his or their workmen shall have no liability in respect of any loss, damage, nuisance or disturbance whatsoever caused to or suffered by the Grantee arising out of or incidental to the exercise by him or them of the right of ingress, egress and regress conferred under this Special Condition, and no claim shall be made against him or them by the Purchaser in respect of any such loss, damage, nuisance or disturbance.
(13) If it is at any time shown to the satisfaction of the Governor that the lot or any part thereof or any building or part of any building thereon has ceased to be used for the purposes specified in Special Condition No. (7) hereof (as to which the non-user thereof for such purposes for a period of six calendar months shall be conclusive) or that the extent of the user thereof for such purposes has so diminished that the retention of the lot or any part thereof for such purposes is no longer justififed, it shall be lawful for the Government to re-enter upon and take back possession of the lot or any part thereof and all buildings thereon without notice and the rights of the Grantee in and to the same under this Agreement shall thereupon absolutely cease and determine.
(14) The Grantee shall not assign, mortgage, charge, demise, underlet, part with the possession of or otherwise dispose of or encumber the lot or any part thereof or any building or part of any building thereon or enter into any agreement so to do.
P.04