Forthwith after such special loan shall have been raised, the Trustees, their successors or assigns, shall dedicate and convey to His Majesty the King for the purposes of a public road or highway (hereinafter called the Waikowhai Road) that portion of the said land, one chain wide, extending from Ridge Road to the sea-shore in the position determined by the survey and plan made at the request of the Trustees by Mr. H. Munro Wilson, of the firm of Wilson and Jackson, Civil Engineers and Licensed Surveyors, of Auckland, a copy of which plan signed is annexed to this agreement as part thereof. And also shall grant and convey to the Board, its successors and assigns, in fee-simple for the purposes of a public park and public recreation-ground that portion of the said land containing thirty acres, a little more or less: bounded on the north and west by the Waikowhai Road; on the east by a straight line commencing at a point on Waikowhai Road marked in Mr. Wilson’s survey by peg number three, and terminating on the sea-shore at the centre of a small promontory; and on the south by the Manukau Harbour: as the same is shown on the said annexed plan.

Such grant and conveyance shall be deemed to be subject to the following conditions, which the Board, for itself, its successors and assigns, hereby undertakes shall be observed and complied with:—

That the Board, its successors or assigns, shall within one year from the date on which such a loan as aforesaid shall be authorized under the Local Bodies’ Loans Act, 1908, or other statutory authority, form to a width of twenty-four feet, and metal for a width of fifteen feet and to a depth of not less than six inches, the whole of Arkell’s Road and the whole of the Ridge Road along the northern boundary of the trust property aforesaid.

That forthwith after the said portion of land to be called “The Waikowhai Road” shall have been dedicated and conveyed as a public road as aforesaid, and the said portion of land to be called “The Waikowhai Park” shall have been granted and conveyed as aforesaid, the Board, its successors or assigns,—

That all fences bounding the park shall be erected, maintained, and kept in good repair by the Board, its successors or assigns, without being entitled to any contribution for the cost of so doing from the Trustees, their successors or assigns, or their tenants; but this provision shall not prevent the Board, its successors or assigns, in the event of the adjoining land being leased for residential sites, from recovering from each tenant the contribution for which he shall be liable under the Fencing Act, 1908.

That the public shall not be admitted to the park-area or any part thereof until the fences to be erected by the Board as above provided have been completed and the Waikowhai Road formed and metalled from Ridge Road to peg number twenty-four as aforesaid to the satisfaction of the Trustees, their successors or assigns, evidenced by a letter from the Trustees, their successors or assigns, to the Board, its successors or assigns: Provided, however, that the evidence of such satisfaction shall not be arbitrarily withheld, and that the cost of the works to be undertaken by the Board as specified in clause four shall be not less than the sum of one thousand pounds.

That forthwith upon the Trustees or others on their behalf providing and paying to the Board, its successors or assigns, the sum of two hundred pounds, the Board, its successors or assigns, shall permanently form for the width of twenty feet, and metal for a width of fifteen feet to a depth of six inches, and thenceforth maintain in a safe and sufficient condition for vehicular traffic, the remaining portion of the said Waikowhai Road from peg number twenty-four to the sea-shore at high-water mark as shown on the said plan; and until such formation shall have been completed the said portion of road shall remain closed against use.

That the Board, its successors or assigns, will co-operate with the Trustees, their successors and assigns, in obtaining as soon as practicable the erection of a wharf suitable for general traffic at the terminus of the Waikowhai Road; and the Board, its successors and assigns, will not erect, or cause or permit to be erected, a wharf or jetty at any point along the sea-front of the park-area or in any position not approved by the engineers advising the Trustees, their successors or assigns.

If such Act of Parliament as aforesaid is not passed before the end of the sitting of Parliament held in the year one thousand nine hundred and twelve, or if such Act be passed and the Board, its successors or assigns, do not within one year thereafter raise a special loan of sufficient amount for doing the works mentioned in clauses three and four and in accordance with the requirements of clause six hereof, then and in either of such cases this agreement shall become and be void.