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4. The Purchaser shall apply to the Director of Public Works for the Lot to be set out on the ground and shall not commence any operations for building thereon until the Lot shall have been so set out by the Director of Public Works. If the Purchaser shall erect any building otherwise than in due accord with the alignment of the Lot so set out as aforesaid he shall when called upon by the Director of Public Works so to do demolish such building and shall rebuild upon the correct alignment. If the Purchaser shall when required by the Director of Public Works so to do fail to demolish auy such building as aforesaid it shall be lawful for the Director of Public Works to cause such building to be demolished and the Purchaser shall on demand pay to the Director of Public Works the amount certified by him to be the cost of such demolition. A certificate pur- porting to be signed by the Director of Public Works as to the alignment of any building or as to the cost of demolition shall be final and conclusive evidence as between the parties hereto as to the facts certified therein.
5. The Purchaser shall execute and take up a Crown Lease for the Lot when called upon to do so by the Land Officer, for which purpose all estates or interests what- soever in the Lot or any part thereof created since the date of this agreement by way of Mortgage, Charge or otherwise then outstanding shall thereupon forthwith be pre- viously reassigned or satisfied and an endorsement by the Land Officer on these Condi- tions that Plans of the Lot or any specified part thereof are in the Land Office and that the Crown Lease thereof must be taken up before any further dealings with the Lot or such specified part can be registered, shall be deemed to be a sufficient requisition to that effect, and shall pay to him, therefore, the prescribed fee.
6. The Purchaser of the Lot shall build and finish, fit for occupation, before the expiration of.....3..years.
AČKOCKENINOXx from the date on which possession shall be given to the Purchaser, in a good substantial and workmanlike manner, one or more good and permanent buildings upon some part of the Lot with such materials as may be approved by the Director of Public Works, and in other respects in accordance with the provisions of all Ordinances, Bye-laws and Regulatious relating to Buildings or Sanitation as shall or may at any time be in force in the Colony and shall expend thereon a sum of not less than $50,000.00 & before the expiration of 5 years an in rateable improvements. Provided that notwithstanding any default by the Purchaser addi- in complying with this condition, and notwithstanding the acceptance on behalf of the tional Crown of any Crown rent or rates or other payment whatever, the Director of Public $50,000. Works may in his discretion, and whether the Purchaser consent or not, fix at any time and from time to time any extended period for the completion of the said buildings in substitution for the said period of 3 or 5 years........ Xxx, and thereupon the obligation hereunder of the Lessee in question to complete the said buildings shall be taken to refer to such substituted period, and the right of re-entry reserved in these conditions shall arise upon default of completion within such substituted period as if it had been the period originally provided.
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7. No sewage or refuse water will be allowed to flow from the Lot of the adjoining lands whether belonging to the Crown or to private persons; neither shall any decaying, noisome, noxious, excrementitious, or other refuse matter be deposited on any portion of the Lot and in carrying out any works of excavation on the Lot no excavated earth shall be deposited on the Lot or (with permission) on Crown Land adjoining in such manner as shall expose the slopes of such excavated earth to be eroded and washed down by the rains, and all such slopes shall be properly turfed and if necessary secured in place by means of masonry toe walls. The Purchaser shall see that all refuse matters are properly removed daily from off the premises.
8. The Crown Rent of the Lot shall commence from the date on which possession shall be given and the Purchaser shall pay into the Colonial Treasury a proportionate part of the annual rental specified in the particulars herein before contained on the next half-yearly day on which Crown Rent is payable and thereafter shall pay such annual rental by equal half-yearly payments on the 24th day of June and the 25th day of December in each and every year during the term of 75 years herein before mentioned.
9. The exact boundaries of the (c) Lot shall be determined before the issue of the Crown Lease. In the event of any excess or deficiency in area being found to exist as compared with the area specified in the particulars herein before contained the amount
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to be paid by or refunded to the Purchaser in respect of such excess or deficiency will be calculated at the rate of..5.0..cents..per square foot. Crown Rent will be adjusted to the nearest even dollar at the rate of $200.00...
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per acre per annum.
TEXÈMEK İNZœdAZİRİENDEÈOZAZIZNDWANAX AK ÉXZ XŹXESTX
IK When the General and Special Conditions herein contained have been complied shall with to the satisfaction of the Director of Public Works, the Purchaser of the Lot be entitled to a Lease from the Crown, of the Piece of Ground comprised in such Lot for 75 years, to commence on the
1st day of July, 1898, at such Annual Rental payable half-yearly on the 24th day of June and the 25th day of December, in each and every year as is specified in the Particulars of such Lot herein before contained; and such Crown Lease shall be subject to, and contain all Exceptions, Reservations, Covenants, Clauses and Conditious inserted in the Crown Leases of similar Lots in the Colony of Hongkong or which may be required for the purpose of providing for or carrying out any of the General and Special Conditions
or the title thereto. The Lease herein contained affecting the said Lot contain a proviso that the Lessee is to have the option of renewing the Lease further term of 24 years less three days at a Crown Rent to be fixed by the Surveyor of His Majesty the KING.
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shall also for one
XX Should the Purchaser neglect, or fail to comply with these Conditions or any of them, his Premium, or any portion thereof which may be paid, shall be thereupon forfeited to His Majesty, who shall be at full liberty either to enforce the sale, or to re- sell the Property either by Public Auction or Private Contract at such time and place and in such manner as to His Majesty shall seem fit, and in case of a re-sale the increase, if any, of the Premium or Purchase Money shall be retained by His Majesty, and the deficiency, if any, and all costs and expenses shall be made good by the Purchaser and be recoverable as liquidated damages, or at the option and pleasure of His Majesty, to re-enter and resume the property as if no sale had ever taken place, in which case also the premium paid by the Purchaser shall be thereupon wholly forfeited to His Majesty. But such re-entry shall not exonerate the present Purchaser upon a subsequent re-sale of the property to make good the deficiency, if any, upon such re-sale, and all costs and expenses as ascertained to be recoverable as aforesaid.
12.
KX Possession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the date of a letter from the Director of Public Works stating that the Lot at the disposal of the Purchaser.
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XX The expression "Purchaser" used herein shall in every case include the purchaser or purchasers and where the context so admits or requires executors, ad- ministrators or assigns, and in the case of a corporation its successors or assigns.
14.
KX The Lot shall be exempted from the provisions of Part II of the New Terri- tories Regulation Ordinance, No. 34 of 1910.
15. XX The foregoing General Conditions shall be read and construed as varied or
modified by the Special Conditions hereinafter contained.
SPECIAL CONDITIONS OF SALE HEREINBEFORE REFERRED TO.
(1) Except with the consent of the Governor-in-Council the lot may only be used for the purposes of a school and such buildings as may be considered necessary for this purpose together with quarters to accommodate the staff.
(2) The design of the exterior elevations plans and disposition of any buildings to be erected on the lot shall be subject to the special approval of the Director of Public Works and in no case may the height of any building exceed 35 feet except with the consent of the Director of Public Works.
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(3) The purchaser will not be allowed to erect any building within 20 feet of Waterloo Koad.
(4) The whole of the areas coloured red and green on plan shall be formed by the purchaser at his own expense to such levelsas the Director of Public Works may approve within 36 months from the date of the letter mentioned in General Condition No. 12. The area coloured green shall be handed over to Government free of cost on completion.
(5) The purchaser of the lot will not be allowed to utilize the area coloured green for the purpose of storage or for the erection of any temporary buildings without the consent of the Director of Public Works first having been obtained.
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(6) The pur chaser of the lot shall pay into the Colonial Treasury, demand, the cost of removing any Chinese graves at present on the area, if such removal becomes necessary; the work to be done by the Tung Wah Hospital Authorities.
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(7) The purchaser of the lot shall pay into the Treasury, on demand, the cost of removing any water main, cable, telegraph or telephone line, sewer or culvert, which the Director of Public Works may consider it necessary to have removed.
(8) The purchaser shall develop the lot to the satisfaction of the Director of Public Works and for this purpose shall provide a general lay out plan, showing the buildings which it is proposed to erect, for approval by that officer before any buildings are commence, and after approval has been given, no additions or alterations to such buildings shall be made without the cons ent in writing of the Director of sublic Works.
(9) The purchaser of the lot must notify the Superintendent of Botanical and Forestry Department in the event of his requiring the removal of any trees from the lot, which may interfere with building operations. Such trees will be removed by the said Superintendent.
(10) The purchaser shall construct substantial retaining walls, where necessary, to obviate land slips in the event of his cutting away the hill to level the site. Should a landslip occur as a result of such cutting or levelling, the purchaser will be held responsible for any damage resulting from or brought about by such landslip.
(11) The purchaser shall construct to the satisfaction of the Director of Public Works such drains or channels as that officer may consider necessary to intercept and carry off storm-water flowing on to the lot from the hillside, and the purchaser shall be solely liable for any damage or nuisance caused thereby.
(12) The training (if necessary) of any watercourse within the areas coloured red & green on plan, shall be carried out by the pur chaser to the satisfaction of the Director of Public Works.
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