485
fixed in lieu thereof under the provisoes next hereinafter contained in Current Money of the said Colony of Hongkong, on the thirtieth day of June in every year free and clear from all Taxes, Rates, Charges, Assessments and Deductions whatsoever, charged upon or in respect of the said premises, or any part thereof, payment of the said Rent for the current year becoming due on the thirtieth day of June One thousand nine hundred and five; Provided always and it is hereby agreed and declared that on the expiration of the first ten years of the term hereby granted the rent hereby reserved shall cease and thereafter such rem, shall be paid and become payable in respect of the said premises for the residue of the term hereby granter as shall be fairly and impartially fixed by the Surveyor to His said Majesty, His Heirs, Successors or Assigns (now the Director of Public Works) as the fair and reasonable rental value of the ground at that date; Provided also that in the event of any building being erected on any premises expressed to be demised as agricultural or garden ground the reut payable in respect of such premises shall be such sum as shall be specified in the licence for the erection of such building to be granted in manner hereinafter appearing: And each Lessee for himself and herself and for his and her own acts and deeds only and not the one for the other of them doth hereby covenant with His said Majesty, His Heirs, Successors and Assigns by these presents in mummer following, that is to say, that the Lessee shall and will yearly, and every year, during the said term hereby granted, well and truly pay or cause to be paid to His said Majesty, His Heirs, Successors and Assigus, the said yearly Rent stated in the Schedule hereto opposite the Lot number of the premises demised to him or her or such other rents as shall become payable under the provisoes hereinbefore contained clear of all deductions as aforesaid ou the several days and times and in the manner hereinbefore reserved and made payable: AND ALSO that the Lesser shall and will during all the said tern hereby granted, bear, pay and discharge all taxes, rates, charges and assessments whatsoever, which now are or shall be hereafter assessed or charged upon, or in respect of, the said promises hereby expressed to be demised to him or her or any part thereof: And will pay the said taxes, rates, charges and assessments for each and every year by annual payments in advance with the rent hereinbefore reserved on the thirtieth day of June in every year: AND ALSO that the Lessee shall and will, from time to time, and at all times hereafter when, where, and as often as need or occasion shall be and require, at his or her and their proper costs and charges, well and sufficiently Repair, Uphold, Support, Maintain, Pave, Purge, Scour, Cleanse, Empty, Amend and keep the messuage or tenements, and all other erections and buildings, now or at any time hereafter standing upon the said pieces or parcels of ground hereby expressed to be demised, and all the Walls, Rails, Lights, Pavements, Privies, Sinks, Drains, and Water-courses thereunto belonging and which shall in anywise belong or appertain unto the same, in, by, and with all and all mauner of needful and necessary reparations, cleansing and amendments whatsoever, the whole to be done to the satisfaction of the Surveyor of His said Majesty, His Heirs, Successors or Assigns, And the said messuage or tenement, erection, buildings and premises being so well and sufficiently repaired, sustained and amended, at the end or sooner determination of the said term hereby granted shall and will peaceably and quietly deliver up to His said Majesty, His Heirs, Successors or Assigns: And further it shall and may be lawful to and for His said Majesty, His Heirs, Successors or Assigns, by His or their Surveyor, or other persons deputed to act for Him or them, twice or oftener in every year during the said term, at all reasonable times in the day, to enter and come into and upon the said premises hereby expressed to be demised to view, search, and see, the conditions of the same, and of all decays, defects, and wants of reparation and amendments, which upon every such view or views shall be found, to give or leave notice or warning in writing, at or upon the said premises or some part thereof, unto or for the Lessee to repair and ainend the same within Three Calendar Months then next following, within which said time or space of Three Calendar Months, after every such notice or warning shall be so given, or left as aforesaid, the Lossee will repair and amend the same accordingly: AND FURTHER that the Lesser or any other person or persons shall not, nor will, during the continuance of this demise, use, exercise or follow, in or upon the said premises, or any part thereof, any noisy, noisome or offensive trade or business whatever, nor convert any ground hereby expressed to be demised as agricultural or garden ground into use for building purposes other than for the proper occupation of the same ground as agricultural or garden ground without the previons Licence of His said Majesty. His Heirs, Successors or Assigns, signified in writing by the Governor of the said Colony of Hongkong, or other person duly authorized in that behalf : AND FURTHER that the Lessee or any other person or persons shall not nor will at any time during the said terin erect or construct any building or structure of any description on the said demised premises or any part thereof whether demised as agricultural or garden ground or otherwise without first having obtained the approval thereto of the Surveyor to His said Majesty, His Heirs, Successors or Assigns, or other person duly authorized by the Governor of the said Colony of Hongkong, in that behalf: AND ALSO that the Lessee shall not, nor will, assign, demise, mortgage, or otherwise part with, all or any part of the said premises hereby expressed to be demised for all or any part of the term hereby expressed to be granted without forthwith registering such alienation in the Land Office, or such other Office as may hereafter be instituted for the purposes of Land Registration in the said Colony of Hongkong, and paying all reasonable fees and other expenses thereon:
Provided always, and it is hereby agreed and declared, that in case the said yearly rents hereinbefore reserved, or any part thereof, shall be in arrear and unpaid by the space of twenty-one days next over, or after any or either of the said days whereon the same ought to be paid as aforesaid (whether lawfully demanded or not) or in case of the breach or non-performance of any or either of the covenants and conditions herein contained, and by or on the part and behalf of the Lessee to be kept doue and performed, then, and in either of the said cases, it shall and may be lawful to and for His said Majesty, His Heirs, Successors or Assigns, by the Governor of Hongkong, or other person duly authorized in that behalf, in and upon the said premises hereby expressed to be demised in respect of which such rent shall be in arrear or such breach or non-peformance shall have occurred or any part thereof in the name of the whole, to re-enter, and the same to have again, retain, re-possess, and enjoy, as in His or their first or former estate, as if these presents had not been made, and the Lessee and all other occupiers of the said premises thercout and thence utterly to expel, put out and amove, this Indenture or anything contained herein to the contrary notwithstanding: Provided also, and it is hereby further agreed and declared that His said Majesty, His Heirs, Successors and Assigns, shall have full power to resume, enter into, and re-take possession of all or any part of the premises hereby expressed to be demised, if required for the improvement of the said Colony of Hongkong, or for any other public purposes whatsoever, Three Calendar Months' notice being given to the Lessee of its being so required, and full and fair compensation for the said Land and the Buildings thereon, being paid to the said Lessce at a valuation, to be fairly and impartially made by the Surveyor of His said Majesty, His Heirs, Successors or Assigns, and upon the exercise of such power the term and estate hereby created shall respectively cease, determine and be void: Provided also, and it is hereby further agreed and declared that each Lessee shall in such cases where the premises are demised for a term of Seventy-five Years be entitled on the expiration of the said term of Seventy-five Years to a renewed Lease of tlie premises respectively demised to him or her for a further tero of twenty-four Years less three days without payment of any Finc or Premium therefor and at the Rent bereinafter mentioned; And His ad Majesty, His Heirs, Successors or Assigns shall and will at the request and cost of such Lessee grant into his or her on the expiration of the said term of Seventy-five Years hereby granted a new Lease of the said premises for the term of twenty-four Years less three days at such Rent as shall be fairly and impartially fixed by the Surveyor of His said Majesty, His Heire, Successors, or Assigns as the fair and reasonable rental value of the ground at the date of such
renewal; And in all other respects such new Lease shall be granted upon the same terms and under and subject to the same reservations, covenants,
stipulations, provisoes and declarations as are contained in this prosent Lease with the exception of this proviso for vonewal which shall not be contained
in such new Lease. In Witness whereof the said SIR MATTHEW NATHAN duly authorized by His said Majesty as aforesaid hath executed these
presents, and hereunto set the Public Seal of the Colony of Hongkong aforesaid, in the Name and on behalf of His said Majesty.
Examined and certified to be correct,
Land Officer.
LS
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