TNAG-0672-FCO40-821-Legislation-for-Crown-lands-in-Hong-Kong-1977 — Page 174

ง

6. (a) The purchaser shall develop the lot by the erection thereon of a building or buildings complying with the Special Conditions and in all respects in accordance with the provisions of all Ordinances, By-laws and Regulations relating to building and sanitation which are or may at any time be in force in the New Territories, other than New Kowloon, such building or buildings to be completed before the expiration of 24 calendar months from the date upon which possession of the lot is given and shall expend thereon a sum of not less than $15,000 (such sum to exclude moneys spent on site formation, foundations, access roads and other ancillary works).

(b) The purchaser of the lot shall throughout the tenancy maintain all buildings erected or which may at any time hereafter be erected on the lot in good and substantial repair and condition, and in such repair and condition deliver up the same at the expiration or sooner determination of the tenancy. In the event of the demolition at any time during the tenancy of any building then standing on the lot or any part thereof the purchaser shall replace the same either by sound and substantial buildings of the same type and of no less volume or by buildings of such type and value as shall be approved by the District Commissioner, New Territories. In the event of demolition as aforesaid the purchaser shall within one month of such demolition apply to the District Commissioner, New Territories for consent to carry out building works for the redevelopment of the lot and upon receiving such consent shall within three months thereof commence the necessary work of redevelopment and shall complete the same to the satisfaction of and within such time limit as is laid down by the District Commissioner, New Territories.

7. (a) The boundaries of the lot shall be determined by the District Commissioner, New Territories, (whose decision shall be final) 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 of the lot the amount to be paid by or to be refunded to the purchaser in respect of such excess or deficiency will be calculated at the rate per square foot at which the lot is sold. Crown rent will be adjusted to the nearest even dollar at the rate of $500.00 per acre per annum. (b) The purchaser shall permit boundary stones properly cut and marked with the number of the lot to be fixed at each angle thereof and either in or on the land itself or in or on any building erected thereon as may be required by the Director of Public Works and shall pay the fees prescribed by him therefor as well as the prescribed fee for the refixing of such boundary stones which, through being lost, damaged, or removed, need replacing.

8. Any private streets, roads and Janes which are required to be formed shall be sited to the satisfaction of the District Commissioner, New Territories and included in or excluded from the area to be leased as may be determined by him and in either case shall be handed over to the Government free of cost if so required. Where taken over by the Government the surfacing, kerbing, drainage (both foul and storm-water sewers) and channelling shall be carried out by the Government at the cost of the purchaser and thereafter maintained at public expense but where remaining part of the area leased or to be leased, such streets, roads or lanes shall be surfaced, kerbed, drained, channelled and maintained by and at the expense of the purchaser to the satis- faction in all respects of the Director of Public Works.

9. The purchaser shall not permit sewage or refuse water to flow from the lot on to any adjoining land or allow any decaying, noisome, noxious, excrementitious, or other refuse matter to be deposited on any portion of the lot and shall see that all such matter is removed daily from the premises in a proper manner.

10. The fulfilment by the purchaser of his obligations under these General and Special Conditions shall be a condition precedent to the grant or continuance of the tenancy and in the event of any default by the purchaser in complying therewith such default shall be deemed to be a continuing breach and the subsequent acceptance by or on behalf of the Crown of any Crown rent or rates or other payment whatsoever shall not (except where the Crown has notice of such breach and has expressly acquiesced therein) be deemed to constitute any waiver or relinquish- ment or otherwise prejudice the enforcement of the Crown's right of re-entry for or on account of such default or any other rights, remedies or claims of the Crown in respect thereof under these Conditions, which shall continue in force and shall apply also in respect of default by the purchaser in the fulfilment of his obligations under the General and Special Conditions within any extended or substituted period as if it had been the period originally provided.