7. No sewage or refuse water will be allowed to flow from the Lot on to any 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 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 Purchaser of the Lot shall pay into the Colonial Treasury a proportionate part of the annual rental specified in the particulars herein before contained on the 25th day of December next, 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 hereinbefore mentioned.
9. When the conditions herein contained have been complied with to the satisfaction of the Director of Public Works,, the Purchaser of the Lot shall be entitled to, and shall execute, on demand, a lease from the Crown of the land comprised in the Lot for 75 years, to be computed from the day of sale at such Annual Rental, payable half-yearly on the 25th day of December and the 24th day of June, in every year, as is specified in the Par- ticulars of such Lot hereinbefore contained; and the Crown Lease shall be subject to, and contain, all Exceptions, Reservations, Convenants, Clauses, and Conditions usually inserted in the Crown Leases of Marine Lots in the Colony of Hongkong; the Lense shall also specify the purposes for which the land is leased (ie., whether for the purpose of reclama- tion, building dwelling houses, factories, or godowns for the storing of coal or other goods, or whether for any otlier purpose) and shall contain a proviso that in the event of the lessec, his executors, administrators and assigns, or successors (as the case may be) failing at any time during the continuance of the term of the said Lease, to use the demised land for the purposes so specified as aforesaid, without the previous licence or consent of His Majesty, His Heirs, Successors or Assigns signified in writing by the Governor, then it shall be lawful for His Majesty, His Heirs, Successors or Assigns, by the Governor or by any Officer authorized by him in writing, to re-enter on the land, foreshore, and sea bed included in and demised by such Lease or on any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and vest in the Crown; the Lease shall also contain in particular a reservation to the Crown of all mines and minerals under the demised lands. The Lease shall also contain a proviso that the lessee is to have the option of renewing the Lease for one further term of 75 years at a Crown Rent to be fixed by the Surveyor of His Majesty the KING.
10. Should the Purchaser neglect, or fail to comply with these Conditions, 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 l'roperty at such time and place, and in such manner as to His Majesty shall seem fit, and in case of a re-sale the in- crease, 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 defaulter 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.
11. Possession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the day of sale.
12. In the event of the l'urchaser assigning the benefit of the underwritten agreement, the assignee shall be bound by the foregoing and following conditions of sale, and all powers and remedies shall be enforceable against him to the same extent as if such assigned were the original Purchaser.
SPECIAL CONDITIONS.
1. The Purchaser of the Lot to reclaim the entire area of the Lot coloured red on sale plan to such levels as the Director of Public Works may approve and to construct for the protection of such reclaimed area, between the points A and B on plan, a sea-wall of design and materials approved by the Director of Public Works and, between the points A and C
and B and D, rubble mounds faced with a pitched slope, set in cement mortar and bedded in cement concrete. The whole of the above works to be executed to the satisfaction of the Director of Public Works and to be completed within a period of 3 years from the date of sale.
2. Any rights as regards marine froutage shall extend only to that boundary of the Lot between the points marked A and B on plan, measuring 250 feet.
3. The Purchaser to divert, at his own cost, the existing nullah on a line to be approved by the Director of Public Works. The nullah to be of such size, type, construction and materials as the Director of Public Works may approve and the work to be done to his satisfaction within 12 months of the date of sale.
4. The Purchaser of the Lot to pay into the Colonial Treasury within one week of the date of a letter from the Director of Public Works calling upon him to do so the cost of extending or diverting any existing draius or water channels at present existing upon or discharging onto the area of the Lot."
5. No interference to be caused with any existing drain or nullah until the necessary diversion of such drain or nullah has been completed.
6. Permission will be granted to the Purchaser of the Lot to obtain earth from Crown Land in the vicinity of the Lot at points to be approved by the Director of Public Works for the purpose mentioned in 1. The Purchaser must also remove any boulders met with in excavating earth from such places and he must trim off and leave aÏl such places in a tidy condition on the completion of his operations.
7. The exact boundaries of the Lot to be determined before the issue of the Crown Lease and Premuin and Crown Rent to be then adjusted in accordance with the area and rates at which the Lot was sold.
Director of Public Works.
MEMORANDUM OF AGREEMENT BY THE PURCHASER.
Memorandum that
of
the person whose name is hereunder written has been declared the highest bidder for the Lot described in the foregoing Particulars of Sale and hereunder specified opposite to his said name and signature, and does hereby agree to become the Lessee thereof, under and subject to the foregoing Conditions of Sale, and on his part to perform and abide by the said Conditions.
No. of
Sale.
Registry Number.
Annual Rental.
Amount of Pre- mium at which Purchased.
Signature of Purchaser.
Marine Lot No. 321.
$1,292.
laurss to Signature of Purchaser.
Witness to Signature of Director of Public Works.
Director of Public Works.
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