CO129-626-5 Crown Lands 1-1-1950 - 31-8-1951 — Page 57

61

:

— 6 —

responsible and shall pay to the Government of Hong Kong on demand such sum as may be demanded by Government to cover the cost of removal of spoil or debris from or damage to the public lanes or roads, or road-culverts, sewers, storm-water drains or nullahs or other government properties. The purchaser shall also indemnify the Government against all actions, claims and demands arising out of any damage or nuisance to private property by such erosion and washing down.

(19) The purchaser shall not remove any trees growing on the lot but shall notify the Forestry Officer in the event of his requiring the removal of any trees which may interfere with building or levelling operations (with the use of the lot as a garden). The removal of such trees shall be effected by the said officer,

(20) A right-of-way from Bowen Road to the lot on a line to be approved by the Director of Public Works will be given. The purchaser shall construct a road or path on the piece of ground over and along which such right-of-way shall be given at such time or times and in such manner as the Director of Public Works may direct and shall uphold, maintain and repair such road or path and everything forming portion of or appertaining to it to the satisfaction of the Director of Public Works, and the purchaser shall be responsible for the whole as if he were absolute owner thereof. Any alteration of the government road to which the right-of-way is given absorbing a portion of such piece of ground or affecting the gradient thereof shall not give rise to any claim by the Purchaser who shall carry out all consequent alterations to such road or path constructed by him.

(21) The grant of the right-of-way referred to in Special Condition No. (20), shall be in such form and on such conditions as may be approved by the Land Officer and shall not give the purchaser the exclusive right to use the road or path constructed by him, and Government reserves the right to grant rights-of-way over such road or path to the lessees of any other lots which may be sold in the vicinity or to take over the whole or any portion of the said road or path for the purposes of a public road without payment of any compensation to the purchaser or to other lessees to whom rights-of-way over the whole or any portion of the said road or path shall have been granted.

(22) The existing path or way from Bowen Road to Macdonnell Road shall be diverted by Government at the purchasers' own expenses. Such existing road or way may not however be interfered with until the reconstructed one on the new alignment has been completed. On such completion all rights in respect of the former road or way shall be transferred to the reconstructed one.

(23) The piece of ground marked Crown Reserve and coloured green on sale plan may be used for such purpose as the Government may think fit and the same may for such purpose be cut away or filled in or the level thereof may be altered. The purchaser shall not be entitled to compensation for any damage to the lot resulting from any such user, or cutting away, filling in or alteration of level.

Between

of

MEMORANDUM OF AGREEMENT.

(herein referred to as "the purchaser") of the one part and the Director of Public Works

for and on behalf of the Governor of the other part l'hereby it is Agreed that the

purchaser having been declared the highest bidder for the lot described in the fore-

going Particulars of Sale at the premium herein specified and having paid the

required deposit specified in General Condition No. 4 (the receipt of which is

hereby acknowledged) hereby agrees to pay the balance of the said premium and

to become the Lessee of the said lot upon and subject to the foregoing Conditions

and on his part to perform and abide by the said Conditions.

No. of

Registry Number

Annual Rental

Amount of Premium at

Signature of Purchaser

which Purchased

Sale

2

Inland Lot No. 6459

$

542

$

NOTE: In the event of signature by an agent or attorney of the purchaser the conditions of

clause 6 of the General Conditions must be observed.

Dated this 5th day of September, 1949.

Witness to Signature of Purchaser,

Director of Public Works.

Witness to Signature of Director of Public Works.

Director of Public Works.

62