4835-1906-Pier--Sale-of-right-of-erecting-and-maintaining — Page 2

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C

THE HONGKONG GOVERNMENT GAZETTE, JULY 6, 1906.

1291

7. The Purchaser shall within 12 months from the date of sale, build and finish, fit for use, a Pier in accordance with plans, which must, in the first instance, be submitted to the Director of Public Works and be approved of in writing by him. The Purchaser shall from the date of sale and until the completion of such Pier as aforesaid pay to the Colonial Treasurer on the first day of each month in advance a monthly sum equivalent to one- twelfth part of the annual rent to become payable by him on the granting of the lease.

8. The area of the Pier to be calculated on the over-all dimensions at deck level, that is, including fenders, whether vertical or horizontal.

9. Any vessels lying alongside the Pier must not project beyond the end of the Pier.

10. When the conditions herein contained have been complied with to the satisfaction of the Director of Public Works, the Purchaser shall be entitled to and excute, on demand, a lease from the Crown of the right to erect and maintain the Pier which he has erected, for 50 years to be computed from the 1st day of January, 1900, at such monthly rental, payable in advance, as is specified in the Schedule of the Piers Ordinance (No. 11 of 1899); and such Crown Lease shall be in the form which may be seen at the Public Works Offices.

11. 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 right to erect and maintain such Pier, at such time and place, and in such manner as to His Majesty shall seem fit, and in case of re-sale the increase, 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, His Majesty shall be at liberty to cancel such right to erect and maintain a Pier 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 cancellation shall not exonerate the present Purchaser upon a subsequent re-sale of the right to erect and maintain such Pier to make good the deficiency, if any, upon such re-sale and all costs and expenses as ascertained to be recoverable as aforesaid.

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 right to erect and maintain the Pier 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.

1

Annual Rental.

To be in accordance with the Schedule attached to the Piers Ordinance (No. 11 of 1899).

Witness to Signature of Purchaser.

Witness to Signature of Director of Public Works.

Amount of Premium at which Purchased.

Signature of Purchaser.

Director of Public Works,

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