Non-residential purposes (excluding hotel, petrol filling station, residential care home, offensive trades and the use or storage of any dangerous goods (except such small quantities as permitted under the relevant ordinances or regulations))
Lease Term
:
75 years commencing from 15th September, 1963 with an option to renew for a further term of 75 years.
Developer
:
Landrich Development Limited
(a wholly-owned subsidiary of Henderson Land Development Company Limited)
Solicitors
:
Lo & Lo (acting for the Developer)
Bank
:
The Hongkong and Shanghai Banking Corporation Limited (which has given an undertaking to provide finance to complete the Development)
Financier
:
Henderson Real Estate Agency Limited (which has provided loans to finance the construction of the Development and which will join in to sign the formal Agreements for Sale and Purchase)
Architectural Consultant
:
Freevision Limited
Authorized Person
:
Mr. Ho Kui Yip of Freevision Limited
Structural Engineer
:
Stephen Cheng Consulting Engineers Limited
Foundation Contractor
:
International Kum Fai Construction & Engineering Company Limited and Sunly Engineering & Construction Company Limited
Main Superstructure Contractor
:
E Man Construction Company Limited (which, same as the Developer, is a wholly-owned subsidiary of Henderson Land Development Company Limited)
Expected Date of Issuance of Occupation Permit
:
31st May 2012
Expected Date of Issuance of Certificate of Compliance
:
31st October 2012
DESIGN AND PURPOSES OF THE BUILDING
(1)
Office Floors
:
26 storeys (6/F-36/F) for office purpose. (11/F is designed as refuge floor / sky garden, and 13/F, 14/F, 24/F, 34/F are omitted)
Floor-to-floor height for each of 6/F to 33/F is approx. 4.3m;
Floor-to-floor height for each of 35/F & 36/F is approx. 4.5m.
(2)
Floor Loading
:
7.5kPa (for 6/F-10/F) / 3 kPa (for 12/F-36/F)
(3)
Car Park
:
Part of G/F, part of 1/F, 2/F & 3/F are designed for car parking purpose only. Totally there are 77 private car parking spaces (each space 5m x 2.5m), 3 lorry parking spaces (each space 11m x 3.5m)
(4)
Common Areas
:
Includes but not limited to external walls, entrance hall, fireman lift lobby, staircases, lift shafts, refuge floor/sky garden, fire services water tank, lift machine room, meter rooms, duct room, refuse storage and material recovery chamber, E&M rooms and all other areas/roof/flat roof which are not for the exclusive use and benefit of the Owner of any particular units.
(5)
Green Features
:
The following green and innovative features have been exempted from gross floor area* calculation under the Second Package of Incentives to Promote Green and Innovative Buildings (Joint Practice Note No.2) jointly announced by the Lands Department, the Buildings Department and the Planning Department.
Green Features
Total Exempted Area (sq. m.)
Sky Garden
381.018
* For this gross floor area, please refer to its definition under the Buildings Ordinance.
Notes : “Floor-to-floor height” refers to the height between the top surface of the structural slab of a floor and the top surface of the structural slab of its immediate upper floor.
PROPERTY MANAGEMENT
(1)
Management Company
:
Hang Yick Properties Management Limited (DMC Manager)
(2)
Term of Appointment
:
Two years from the date of the Deed of Mutual Covenant and the first year’s Remuneration of the Manager shall not exceed fifteen percent (15%) of the total annual Management Expenses.
(3)
Budgeted Management Fees
(starting from the date of the Deed of Mutual Covenant)
Office Unit
:
HK$2.2(approx.) per sq. ft. (on gross floor area basis) per month
Private Car Parking Space
:
HK$500 (approx.) per space per month
Accessible Parking Space
:
HK$700 (approx.) per space per month
Lorry Parking Space
:
HK$1,700 (approx.) per space per month
Management Fees are to be paid by purchasers on the date specified in the Notice of Completion issued by the Developer to all purchasers.
In the period between the issuance of Occupation Permit and the Notice of Completion, the modes of the property management operation and associated management fees are to be agreed between the Developer and the Management Company, and the actual expenses incurred in the period are to be borne solely by the Developer.
(4)
Payments upon the Execution of Assignment of the Unit
Management Fee Deposit
:
A sum equivalent to 3 months’ Management Fee
Initial Outgoings and Expenses / Debris Removal Charges
:
A sum equivalent to 1 month’s Management Fee
Special Fund
:
A sum equivalent to 2 months’ Management Fee
Public Utilities’ Deposit
:
A due proportion based on the public water and electricity meter deposits and etc. allocated to each unit.
(5)
Decoration Deposit
HK$5,000
Remarks:
1.
It may be necessary for the Management Company to revise the budgeted management fees upon issuance of Notice of Completion since it is gauged on the price level of the first quarter of 2011.
2.
Management fees in respect of all units are to be paid in advance.
MAIN PROVISIONS OF THE DEED OF MUTUAL COVENANT
(1)
Within 9 months of the execution of the Deed of Mutual Covenant, the Manager shall convene a meeting of the Owners to establish an Owners’ Committee and to elect a chairman thereof.
(2)
Office Units shall only be used for offices or such other purposes as permitted by the Government Grand and/or the relevant Government authorities (if any) and shall not be used for any illegal or immoral purposes.
(3)
No air-conditioning or other units shall without the prior written consent of the Manager be installed through any windows or external walls of the Building other than at places designated for such purpose.
(4)
No Owner except the Owner having the exclusive right to use and occupy the roof or flat roof which forms part of his Unit shall have the right to use the roof or flat roof except in the event of fire or emergency.
(5)
No Owner shall without the prior written consent of the relevant Government authorities (if required) erect or build or suffer to be erected or build on or upon the roofs or flat roofs forming part of a Unit any structures whatsoever either of a permanent or temporary nature so that the said roofs or flat roofs will be enclosed or partitioned.
(6)
No Owner shall convert any part of the Common Areas to his own use or for his own benefit except with the prior approval of the Owners’ Committee.
(7)
No Owner shall make any structural alteration to any part of the Building owned by him which may damage or affect or interfere with the use and enjoyment of any other part or parts of the Lot or the Building by other Owners.
(8)
The Owners shall at their own expenses maintain and carry out all works in respect of any and all slopes, slope treatment works, retaining walls and other structures (collectively referred to as “the slope structures”) within or outside the Lot as required by the Government Lease and the Deed of Mutual Covenant in accordance with “Geoguide 5 – Guide to Slope Maintenance” issued by the Geotechnical Engineering Office (as amended from time to time) and the Slope Maintenance Manual for the slope structures.
(9)
Fire-rated glass panels are installed on some floors and the maintenance and replacement of them shall be made by the relevant Owners in compliance with the Buildings Ordinance and/or the relevant regulations.
(10)
The concealed space of ceiling voids and/or raised floor space of an Office Unit which are not protected by the fire sprinkler system, shall not contain any combustible materials.
SPECIAL CONDITION NO.(47) OF THE CONDITIONS OF SALE NO.8012 (AS VARIED OR MODIFIED) IN RESPECT OF CHAI WAN INLAND LOT NO.13 CONCERNING THE OBLIGATIONS OF THE PURCHASERS IN RESPECT OF DECONTAMINATION OF THE DEVELOPMENT
(47)
(a)
The purchaser shall take or cause to be taken such action as shall be necessary to avoid soil and groundwater contamination to the lot and any adjacent or adjoining Government land or any part thereof or any building or structure thereon (whether on, above or below ground level) arising out of the development, redevelopment or use of the lot or otherwise and shall at his own expense carry out all necessary works (hereinafter referred to as “the Preventive Works”) to prevent such soil and groundwater contamination occurring.
(b)
The purchaser shall, within 18 calendar months or such shorter period as specified by the Director, before the expiration or sooner determination of the term hereby agreed to be granted carry out at his own expense a soil and groundwater contamination assessment (hereinafter referred to as “the Contamination Assessment”) to the satisfaction of the Director of Environmental Protection in respect of the lot and any adjacent or adjoining Government land and any building or structure thereon (whether on, above or below ground level) and thereafter submit a report on the Contamination Assessment to the Director not later than 12 calendar months before the expiration or sooner determination of the term hereby agreed to be granted or such other date as may be specified and notified in writing to the purchaser by the Director. Upon demand in writing by the Director, the purchaser shall at his own expense and in all respects to the satisfaction of the Director of Environmental Protection carry out in such manner and within such time limit as the Director shall specify such decontamination or other works as shall be required by the Director (hereinafter referred to as “the Decontamination Works”) in respect of the lot and any adjacent or adjoining Government land and any building or structure thereon (whether on, above or below ground level).
(c)
If the purchaser shall in any respect neglect or fail to carry out the Preventive Works or the Contamination Assessment or the Decontamination Works in accordance with sub-clauses (a) and (b) of this Special Condition,
(i)
the Director may at his sole discretion execute and carry out the Preventive Works, the Contamination Assessment or the Decontamination Works (collectively referred to as “the Works”) and the purchaser shall on demand pay to the Director the cost thereof as shall be certified by the Director on a full indemnity basis; or
(ii)
the purchaser shall on demand pay to the Director in one lump sum an amount equal to the estimated cost of carrying out the Works which estimated cost shall be determined by the Director of Environment Protection at his sole discretion. In the event of the said lump sum payment being insufficient to cover the cost of carrying out the Works whether by the Director or by any person entrusted with the Works, the purchaser shall on demand pay the shortfall to the Director on a full recovery basis.
Remarks :
1.
The above information is for reference only. For details, please refer to the full script of the Deed of Mutual Covenant.
2.
In case of discrepancy in the meaning between the English and Chinese version, 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.
3.
Copies of the related Building Plans, Outline Zoning Plan, Government Lease and Deed of Mutual Covenant are available for free inspection at the sales office(s).
4.
Prospective purchasers may request for a copy of the Deed of Mutual Covenant upon payment of a reasonable photocopying charge.
WARNING TO PURCHASERS
(1)
This 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 3% 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.
INFORMATION TO BE DISCLOSED UPON REQUEST
(1)
Charges for conveyancing and mortgage documents and stamp duties.
(2)
A complete set of Building Plans approved by the Building Authority.
(3)
A set of full script of Deed of Mutual Covenant and the Government Lease. The vendor reserves the right to apply for amendments and/or modifications to the Deed of Mutual Covenant and the Government Lease.
(4)
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.
