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Officer unless such agent or attorney shall show to the satisfaction of the Land Officer that he is legally authorized to act as agent or attorney for the principal. The purchaser shall not be given possession of the lot until the foregoing requirements have been fulfilled.
7. Crown Rent for the lot commencing from the date of this Agreement shall be as specified in the Particulars and shall be paid by equal half yearly payments on the 24th day of June and the 25th day of December each year the first half yearly rent or a due proportion thereof being payable on the next half yearly date following the date hereof.
8. (a) The exact boundaries of the 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 hereinbefore contained the amount to be paid by or to be refunded to the Purchaser in respect of such excess or deficiency will be calculated at the rate per square foot at which the Lot is sold. Crown Rent will be adjusted to the nearest even dollar at the rate of $2,000 per acre per annum.
(b) The purchaser shall permit boundary stones properly cut and marked with the number of the lot to be fixed at each angle of the lot and either in or on the land itself or in or on any buildings thereon as may be required by the Director of Public Works and shall pay the fees prescribed by him therefor as well as the prescribed fees for the refixing of such boundary stones which, through being lost, damaged and/or removed, need replacing.
9. 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 buildings 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 any 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 purporting to be signed by the Director of Public Works as to the alignment of any buildings or as to the cost of demolition shall be final and conclusive evidence as between the parties hereto as to the facts certified
therein.
10. (a) The purchaser of the lot shall build and finish, fit for occupation, before the expiration of 18 calendar months from the day of the sale in a good, sub- stantial 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, Byelaws and Regulations 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 $100,000 in rateable improvements and shall maintain all buildings now standing or hereafter erected on the lot in good and tenantable repair and condition throughout the tenancy and in such repair and condition deliver up the same at the expiration or sooner determination of the tenancy.
(b) Provided always that the fulfilment by the purchaser of his obligations under this condition and under Special Condition 5 shall be deemed to be a condition precedent to the grant or continuance of tenancy hereunder and in the event of any default by the purchaser in complying therewith such default shall be deemed to be a continuing breach and the subsequent acceptance by or on behalf of the Crown of any Crown Rent or Rates or other payment whatsoever shall not (except where the Crown has notice of such breach and has expressly acquiesced therein) be deemed to constitute any waiver or relinquishment or otherwise prejudice the enforcement of the Crown's right of re-entry for or on account of such default or any other rights remedies or claims of the Crown in respect thereof under these conditions which shall continue in force and shall apply also in respect of default by the purchaser in the fulfilment of his obligations
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under this Condition and under Special Condition 5 within any extended or substituted' period as if it had been the period originally provided.
11. (a) When the conditions herein contained have been complied with to the satisfaction of the Director of Public Works and the Land Officer, the purchaser shall subject to approval of his title by the Land Officer be entitled to a Lease of the lor as described in the Particulars for a term of seventy five years commencing as from the date of the sale at the rent hereinbefore specified and containing an option of renewal for one further term of seventy five years at a Crown Rent to be fixed by the Director of Public Works.
(b) The purchaser shall take up the Crown Lease for the lot when called upon to do so by the Land Officer and shall pay the prescribed fees therefor and an endorsement by the Land Officer on these conditions or on the Register of Title at the Land Office 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 have effect accordingly. In the event of more than one building being erected on the lot the purchaser will be required to take up a separate lease for the site of each separate building and shall pay the prescribed fees for every additional lease so required to be taken up.
(c) Pending the issue of the Crown Lease the tenancy of the lot shall be deemed to be upon and subject to and such Crown Lease when issued shall be subject to, and contain all exceptions, reservations, covenants, clauses and conditions as are now usually inserted in the Crown Leases of similar lots in the Colony as varied modified or extended by the General and Special Conditions herein contained.
12. The purchaser shall not permit sewage or refuse water to flow from the lot on to any adjoining land or any decaying, noisome, noxious, excrementitious, or other refuse matter to 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 (where so permitted) on 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 he 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 the premises.
13. Any private streets or roads and scavenging or other lanes which may be formed shall be sited to the satisfaction of the Director of Public Works and included in or excluded from the area to be leased as may be determined by him and in either case shall be handed over to Government free of cost if so required. Where taken over by Government the surfacing, kerbing and channelling shall be carried out by Government at the cost of the purchaser and thereafter maintained at public expense but where remaining part of the area leased or to be leased such streets, roads or lanes shail be surfaced, kerbed, channelled and maintained by and at the expense of the purchaser to the satisfaction in all respects of the Director of Public Works.
14. Subject to payment of the premium as hereinbefore provided and to the provisions of General Condition No. 6 possession of the lot sold shall be deemed to have been given to the purchaser on the day of sale.
15. (a) Should the purchaser fail or neglect to observe or comply with any of the conditions of this Agreement the Crown shall be entitled to re-enter and take back possession of the lot and all buildings, erections and works thereon and thereupon this Agreement and the rights of the purchaser thereunder shall absolutely cease and determine but without prejudice nevertheless to the rights remedies and claims of the Crown in respect of any breach non-observance or non-performance of the terms and conditions hereof.
(b) In the event of re-entry by the Crown for or in respect of or arising out of the breach non-observance or non-performance by the purchaser of the provisions of General Condition No. 10 or Special Condition 5 or of any other provisions of this Agreement relating to the preparation or formation of the lot or the erection of buildings thereon or other development thereof, the purchaser shall not be entitled to any refund
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