L.S.O. 3.
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tions shall be borne by the Purchaser, and the amount thereof shall be paid by him into the Colonial Treasury within seven days of receipt of a demand in writing from the Director of Public Works.
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 rect 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 lemolish such building and shall rebuild upon the correct alignment. If the Purchaser shall when required by the Director of I'ublic 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 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 of the Lot 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 whatsoever 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 previously reassigned or satisfied and an endorsement by the Land Officer on these Con- ditions 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, therefor, the prescribed fee. IXXXX XXXXXXXXXXXXXXXXX xoxlating xboxing xxxxxxxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXX XXXXXXX
XxxxxtexbxxexfoxxxxxxxxxxxxxxxxxxxnxEX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
6. The Purchaser of the Lot shall build and finish, fit for occupation, before the expiration of ..3..years. xxxxxxx 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 ali 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 XXXXX a sum of not less than $75,000..00..in rateable..improvements on the lot. ¤¤¤¤¤¤¤¤μxxxxx Provided that notwithstanding any default by the Purchaser 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 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..years................ XXXXX, and thereupon the obligation hereunder of the Purchaser in question to complete the said buildings shall be taken to refer to such substituted period, and he 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. Provided also that the period will be extended only if special gircumstances and subject to such conditions
To 7. No
payment or otherwise as Government may impose
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 (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 property 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
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L.S.O. 3.
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 annnual 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. 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 refunded to the Purchaser in respect of such excess or deficiency will be calculated at the rate of ..1...00.......per square foot. Crown Rent will be adjusted to the nearest even dollar at the rate of $.899.00..per acre per annum.
For the purposes of this condition the Purchaser shall be deemed to be the person to whom the Crown Lease before the issue shall be issued for the Lot, or, in the event of a subdivision of the Lot of the Crown Lease the person to whom the Crown Lease shall be issued for that portion of the Lot designated the Remaing Portion.
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XXXXXXXXXXXengkyxkxxxxxxxXX XX XXXXXX XXX XX KİOXXxment freexofxxosk 10.KK When the General and Special Conditions herein contained have been complied with to the satisfacțion of the Director of Public Works, the Purchaser of the Lot shall be entitled to a Lease from the Crown of the Piece of Ground comprised in such Lot for 75 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 hereinbefore 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. The Lease shall also for one contain a proviso that the Lessee is to have the option of renewing the Lease further term of 75 years at a Crown Rent to be fixed by the Surveyor of His Majesty the King.
11. If the Purchaser shall fail to pay the premium as provided in Condition 1 hereof His Majesty may either enforce or cancel the sale. If the Purchaser shall neglect or fail to comply with any other of these Conditions His Majesty may re-enter and resume the property as if no sale had ever taken place in which case the premium paid by the Pur- chaser shall be wholely forfeited to His Majesty. In the event of any such cancellation or re-entry as aforesaid His Majesty shall be at full liberty to resell the property at such time and place and in such manner as to His Majesty shall seem fit and in case of a resale the increase, if any, of the premium or purchase money shall be retained by His Majesty, and the deficiency, if any, and ail costs and expenses shail be made good by the Pur- chaser and be recoverable as liquidated damages.
12.KX Subject to payment of premium as hereinbefore provided possession of the Lot sold shall be deemed to have been given to the Purchaser, and to have been taken by him, on the day of sale.
13.kk The expression "Purchaser" used herein shall in every case include the purchaser his executors, administrators or purchasers and where the context so admits or requires their or assigns, and in the case of a corporation its successors or assigns.
14.kx The foregoing General Conditions shall be read and construed as varied or modified by the Special Conditions hereinafter contained.
or of any of the special conditions hereinafter specified
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SPECIAL CONDITIONS OF SALE HEREINBEFORE REFERRED TO.
L.S.O. 3.
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(1) The lot shall only be used for the purposes set forth in the articles of association of the Hong Kong Whampoa Dock Co. Ltd. Viz:- To carry on the business of Proprietors of Docks, Wharves, Jetties, Piers, Warehouses, and Stores and of Shipowners, Ship- builders, Timber Merchants, Shipwrights, Engineers, Dredgers, Tug- owners, Wharfingers, Warehousemen, Iron and Brass Founders and any other business which may seem to the Company capable of being conven- iently carried on in connection with the above or calculated directly or indirectly to enhance the value of or render profitable any of the Company's property or rights.
(2) The purchaser shall reclaim, construct Sea Walls, Wharves or jetties within the area coloured red on the sale plan on lines to be approved by the Director of Public Works, and to his satisfaction as regards design and materials to be used, and he shall construct between the points D and E on the sale plan a rubble mound faced with a pitched slope set in cement mortar and bedded in cement concrete. The whole of the above work shall be completed to the satisfaction of the Director of Public Works within three years from the day of sale.
(3) A filtered water supply from the government Waterworks will be arranged for on payment of the cost of the connection.
(4) The purchaser 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 havé removed.
(5) Any rights as regards marine frontage shall extend only to the boundaries of the lot marked A to B, B to C and C to D on sale plan.
(6) The lease of the lot shall be subject to Section 4 of the Foreshores and Sea Bed Ordinance, 1901.
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