CO129-544-23 Grant of land to Young Men's Christian Association of Hong Kong 29-9-1933 - 29-9-1933 — Page 8

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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to be set 3. The Grante shall apply to the Director of Public Works for the Lot out on the ground and shail not commence any operations for building thereon until the Lot shall have been so set out by Director of Public Works. If the Granted shall erect any building otherwise than in due accord with the alignment of the Lot 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 aligiment. If the Giantes 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 Grented 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.

4. The Grante shall execute and take up a Crown Lease for the Lot when called upon to do so by the Land Officer, aZ ZARAK FURISe all estatesaoráinterests what- summer in thxz ÄZKZXELKKEPUUUUUUUKSIELAMheikts Sƒ this Igbékénfbf Khy ni ráangaga ChaganxarhREUERKRAADtering whalixhenapa fosthuth be pre Mkousky. MaÍ HMOTİK AKAN MAN METED AZIZE SZTERILSKINZLands@feur DID THIS CHAL Lions that JEMIKOKUR BOX ZAZIELAKIERY NECHYBAI ZİG Laud Offidränd thi the£sowa L¤äse' *Ahsæofmusula takedptäcäsk further dealings ~with the LOKA SX 28<iKspecified pastöalbz registeĶAK-IHR) KELEISIEDUZ De a sufficient requisition Than✯st, and shall pay to him, therefor, the prescribed fee.

5. The Granted of the Lot shall build and finish, fit for occupation, before the expiration of................24.............. calendar months from the date on which possession shall be given to the Granted 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 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 $25,000.00

in rateable improvements. Provided that notwithstanding any default by the Grantee in complying with this condition, and notwithstanding the acceptance on behalf of the Crown of any Crown rent or rates or other payment whatever, the Director of Public Works may in his discretion, and whether the Grantee consent or not, fix at any time and from time to time any extended period for the completion of the said buildings in 24 substitution for the said period of......................

.........months, and thereupon the obligation hereunder of the Grante 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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on to any

6. 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 Grantees shall see that all refuse matters are properly removed daily from off the premises.

7. The Crown Rent of the Lot shall commence from the date on which possession shall be given and the Grantee shall pay into the Colonial Treasury a proportionate part of the annual rental specified in the particulars hereinbefore 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 5 years hereinbefore mentioned,

8. The exact boundaries of the Lot

the Crown Lease.

MIRIS XF

shall be determined before the issue of Anig found to Exist Chítáîhed, 24IRIZ

45 hérédbe.

BRONZ KAKUKKKKMURSKAFTHE KENEKLAAKTÕRAZ AS MEKALEZKI ZX Hěz Act

CIOWI

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9. When the General and Special Conditions herein contained have been complied with to the satisfaction of the Director of Public Works, the Grantee of the Lot shall be entitled to a Lease from the Crown of the Piece of Ground comprised in such Lot for 15 years, to commence on the date on which possession shall be given 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 Conditions inserted in the Crown Leases of similar Lots in the Colony of Hong Kong, or which may be required for the purpose of providing for or carrying out any of the General and Special Conditions herein contained affecting the said Lot or the title thereto. Ekatzarraboibalax

10. * Should the Grantee neglect, or fail to comply with these Conditions or any

of them, His Majesty, shall be at full libertyŽÉZSĀKĶERZÁNEKANEREDELÁRSKIK

to re-enter and resume the property

as if no grant had ever taken place.

11. IX. Possession of the Lot

have been taken by him, stating that the Lot

granted shall be given to the Grantee and deemed to on the date of a letter from the Director of Public Works

at the disposal of the Grantee,

is

XI3ZTAK ZAQABRİKE ILÉE:IZICITISKE xkaanzİKİ XİZXZZESE XAM XETİKİLİK

(ANZIONÉES XĀZEIRAH

12.II The foregoing General Conditions shall be read and construed as varied or

modified by the Special Conditions hereinafter contained.

SPECIAL CONDITIONS OF GRANT HEREINBEFORE REFERRED TO.

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(a) The grantees shall not without the consent of the Govemor first

had and obtained ereat or maintain on the area coloured red on plan any building other than for the purpose of entɛrtainsent and recreation of the members of His Majesty's Forees in Hong Kong.

(1) The building on or to be erected upon the lot shall be used,

kept and maintained for the purposes for which the same is used or is to be erected as provided by condition (a) and shall not, without the previous licence of the Gove mor be used for any other purposes whatsoever.

(2) In case it is at any time shown to the satisfaction of the governor that the building upon the said lot has ceased to be used for the purposes for which the sane was erected as provided by condition (a) it shall be lawful for the Governor to re-enter upon the lot in like manner as for any other breach of the toram of the Crown Lease.

(3) The grantees shall not sell, assign, mortgage, charge, desiso,

underlet, part with the possession or otherwise dispose of or encumber the lot or any part thereof or any building thereon without the consent of the governor first had and obtained.

(4) The Crown Lease shall contain such covenants as shall be nɛcessary

to give sffeet to these conditions.

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(b) The whole of the area coloured red and the area coloured green

on plan shall be formed by the grantees at their own expense to such levels as may be approved by the Director of Public Works within 12 months from the date on which possession shall be given to the grantees. The area coloured green to be handed over to government free of cost on completion.

(c) The grantees 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.

(d) The height, design, and disposition of any building to be erected

on the lot shall be subject to the special approval of the Director of Public Works and in no case shall a building be permitted which exceeds in height two normal storeys above the present level of Murray Parade Ground.

(e) The grantees shall construct substantial retaining walls on the

lot, if and where required by the pirector of Public Works, such walls to be constructed to the satisfaction of that officer.

(f) The grantees 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 storewater falling on or flowing on to the lot, and the grantees shall be solely liable for and shall indemnify the Government and its officers from and against all actions, claims and demands arising out of any damage or nuisance caused thereby.

(g) The grantees must notify the superintendent of Botanical and

Forestry Department in the event of their requiring the removal of any trees from the lot, which may interfere with building operations. Such trees will be removed by the said Buperintendent.

(h) The grantees shall pay into the Colonial Treasury, on demand,

the cost of removing any water main, gas main or service pipe, cable, telegraph or telephone line, sewer or culvert, which the Director of Public Works may consider it necessary to have removed,

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