| OBLIGATIONS, RESTRICTIONS AND EASEMENTS ETC.
CONTAINED IN NEW GRANT NO. 13486 AND THEIR MODIFICATIONS (IF
ANY) IN RESPECT OF THE LOT : |
| (A) |
|
Special Condition (2) stipulates
that the building or buildings to be erected on the lot shall
be completed and made fit for occupation on or before 31st
day of December, 2002. |
| (B) |
|
Special Condition (3) stipulates
that the lot or any part thereof or any building or part of
any building erected or to be erected thereon shall not be
used for any purpose other than private residential purposes
(excluding service apartments ). |
| (C) |
|
Special Condition (36) stipulates
that the Purchaser shall comply with and observe all Ordinances,
bye-laws, regulations and rules for the time being in force
in Hong Kong Special Administrative Region governing the control
of any form of pollution, including air, noise, water and waste
pollution, and for the protection of the environment. |
| (D) |
|
Special Condition (37) stipulates
that the Purchaser shall not, in or upon the lot or any part
thereof or any building or part of any building erected or
to be erected thereon, install or permit or suffer to be installed
any machinery, furnace, or boiler or any other equipment or
use or permit or suffer to be used any fuel or any method or
process of manufacture or treatment that might in any circumstance
result in the discharge or emission of any pollutant or any
noxious, harmful or corrosive matter, whether it be in the
form of gas, smoke, liquid, solid or otherwise. |
| (E) |
|
Special Condition (38) stipulates
that the Purchaser shall not use any fuel on the lot or any
part thereof or in any building or any part of any building
erected or to be erected thereon other than towngas, liquefied
petroleum gas, natural gas, kerosene or other conventional
liquid fuel. |
| (F) |
|
Special Condition (43) stipulates
that the Purchaser shall at his own expense and to the satisfaction
of the Director of Fire Services provide suitable means of
access for the passage of Fire Services appliances and personnel
and at all times permit such Fire Services appliances and personnel
the free and uninterrupted use of such means of access and
maintain such means of access and keep the same free from obstruction.
The Purchaser shall permit the Director of Fire Services, his
officers, servants or agents at all reasonable times with or
without notice to enter upon the lot or any part thereof ...for
the purpose of inspecting the same so as to ensure that the
requirements referred to this Special Condition have been complied
with. |
| (G) |
|
Special Condition (44) stipulates
that the Purchaser shall at his own expense and to the satisfaction
of the Director of Fire Services provide fire hydrants, fire
fighting appliances, water pumping connections and such other
fire service installations and equipment within the lot ...and
maintain the same in good condition. |
| (H) |
|
Special Condition (45) stipulates
that the Purchaser shall comply with all lawful requirements
of the Director of Fire Services made under the Dangerous Goods
Ordinance, any regulations made thereunder and any amendments
thereto. |
| Remarks: |
(1) |
The above information is for reference only. For full
details, please refer to the Deed of Mutual Covenant and
the Agreement for Sale and Purchase. |
|
(2) |
In case of discrepancy between the English version and
the Chinese version of this Information section, the English
version shall prevail. All information given in this brochure
shall be subject to the terms and conditions of the Deed
of Mutual Covenant, Agreement for Sale and Purchase, final
Government approved plans and legal documentation. |
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| Important Notice to Purchasers : |
| 1. |
All purchasers shall be bound by
the following provisions contained in the Agreement for Sale
and
Purchase: |
|
(a) |
Within five years from the date of the Deed
of Mutual Covenant, the Developer shall have the right to carry
out marketing activities and related functions in the unsold
units, the Club House and any part or parts of the Common Areas
(as defined in the Deed of Mutual Covenant) for the purposes
of selling or leasing the unsold units. The Developer shall
not be required to pay any fees in respect of such events to
the Manager except the management expenses incurred as a result
thereof. |
|
(b) |
Subject to the approval of relevant Government
authorities, the Developer shall have the right to construct
additional recreational facilities on any part or parts of
the Common Areas at its own costs and expenses without obtaining
the prior consent of any of the Owners provided that such additional
recreational facilities shall form part of the facilities of
the Club House and shall be under the exclusive management
and control of the Manager upon completion of construction
thereof. For the avoidance of doubt, the Developer shall have
absolute discretion to determine whether or not to proceed
with the construction of any or all of the additional recreational
facilities. |
| 2. |
The Beverly Hills located at Tai
Po Town Lot No.161 is to be developed in three phases. Phase
1 comprising 372 houses and Phase 2 comprising the Clubhouse
have been completed and the occupation permit thereof has been
obtained. The construction works of Phase 3 which comprises
163 houses has commenced and is expected to be completed in
mid-2008. For the purpose of construction of Phase 3 development,
the contractors?personnel and vehicles may use the driveways
and passages within the lot for ingress and egress to and from
the construction site. |
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| Matters Relating To The Purchase Price : |
| 1. |
The preliminary deposits tendered by applicants
at the time of registration will be encashed and all the proceeds
will be paid into an account with a licensed bank held in trust
for the Vendor by its solicitors. |
| 2. |
After the respective formal Agreements
for Sale and Purchase have been signed by the purchasers in
respect
of the Units purchased by them, the proceeds in the said account
relating to those Units shall be applied as deposit and in
part payment of the purchase price of each Unit and shall be
held by the Vendor's solicitors as stakeholder. |
| 3. |
All preliminary deposits from unsuccessful
applicants or the proceeds thereof shall be returned by the
Vendor's solicitors
in full but without interest to the unsuccessful applicants
and those successful applicants who have chosen not to purchase
any of the relevant Units, not later than 14 days after the
completion of the selection of the relevant Units. |
| 4. |
If a person who signed a preliminary agreement
does not, or, if more than one person signed the preliminary
agreement, and none of them for whatever reasons, execute the
formal Agreement for Sale and Purchase, the Vendor will refund
to him or them, as the case may be, the amount of any preliminary
deposit already paid by him or them less (i) an amount of 5%
of the purchase price of the Unit in respect of which he or
they signed the preliminary agreement or (ii) the actual amount
of the preliminary deposit if it was less than 5% of the purchase
price. |
| 5. |
In the event of the Vendor, at the request of
the purchaser, agreeing (at his own discretion) to cancel the
Agreement for Sale and Purchase by way of Cancellation Agreement
or any other means which has the effect of cancelling the Agreement
for Sale and Purchase or the obligations of the purchaser thereunder
in consideration of the Vendor agreeing to do so, the Vendor
will retain the sum of 5% of the total purchase price of the
Unit (including any vehicle parking spaces) in addition to
payment by the purchaser of all legal costs, charges or disbursements
(including stamp duty, if any) incurred by the Vendor in connection
with the cancellation of the sale and purchase. |
|
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| Important Notes To Purchasers : |
| 1. |
A provisional sale and purchase agreement is
NOT A BINDING AGREEMENT FOR YOU to buy the property but is
binding on the vendor. But, if you withdraw from the purchase,
you will forfeit 5% of the purchase price to the vendor and
you will be entitled to be repaid only the remaining part of
the deposit after deduction of the forfeited amount. |
| 2. |
Before you sign the formal sale and purchase
agreement which you have to sign if you go on with your purchase
you should instruct a solicitor to protect your interests and
to ensure that your purchase is properly completed. |
| 3. |
You can instruct your own independent solicitor
to act for you to conduct the purchase or you can instruct
the vendor's solicitor to act for you as well as for the vendor. |
| 4. |
YOU ARE RECOMMENDED TO INSTRUCT YOUR OWN SOLICITOR,
who will be able at every stage of your purchase to give you
independent advice. |
| 5. |
If you instruct the solicitor for the vendor
to act for you as well and if a conflict arises between you
and the vendor he will not be able to protect your interests
and you will then have to instruct your own solicitor anyway,
in which case the total fees you will have to pay may be higher
than the fees which you would have had to pay if you had instructed
your own solicitor in the first place. |
| 6. |
Please think carefully before deciding
whether to instruct your own independent solicitor, or the
vendor's
solicitor, to protect your interests. You are free to choose
whichever option you prefer. |
Purchasers may instruct their own solicitors
to act for them in their purchase of units in the development.
For details of the solicitors firms, please contact The Law
Society of Hong Kong at telephone number 2846-0500 or visit
its website at www.hklawsoc.org.hk.
Purchasers may, on payment of a fee
of HK$100 each time, request the Developer's solicitors to
supply them with
a written copy
of the updated information as to the total construction
costs and professional fees to complete the development
as well as
the total construction costs and professional fees expended
and paid from time to time. |
|
| IMPORTANT
NOTES : |
|
|
| 1. |
All parties engaged in the production of this website
have made their best efforts to ensure the highest accuracy
of all information herein contained as to the date of printing
of sales brochure and to minimize the existence of clerical
errors. Readers are invited to make enquiries to sales
personnels or consult relevant professionals for verification
of doubts or particulars of specific items. |
|
|
| 2. |
All photos, maps, charts, plans, artist's impressions
etc. are for reference and information only. Some photos
and plans have been tuned by computer retouching for better
visual effects. For the best knowledge of the surroundings
and environment, visit in person is strongly advised. |
| 3. |
Date of release of this Website : Janauary 2007 |
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