JANTIJMONEYLAUNDERINGCERTIFICATIONJ BELOWISTHEACCEPTEDFORMSOFANTIJMONEYLAUNDERINGCERTIFICATIONFOR INTERNATIONALCLIENTS. 1XCOPYOF2SEPERATEVALIDPHOTOGRAPHICIDENTIFICATIONDOCUMENTS PASSPORT /DRIVINGLICENSE 1XCOPYOF2SEPERATECURRENT(DATEDWITHINTHELAST3MONTHS)ADDRESS IDENTIFICATIONDOCUMENTS UTILITYBILL(GAS/ELECTRICITY/WATER)/BANKSTATEMENT BOTHCOPIESMUSTBECERTIFIEDBYANAPPROPRIATE,AUTHORISIEDINDIVIDUALWITHTHE STATEMENT: I#CERTIFY#THIS#COPY#IS#A#TRUE#LIKENESS#OF#THE#ORIGINAL,DATEDANDSIGNED WITHTHECERTIFIERSNAME,OCCUPATION,ADDRESSANDCONTACTDETAILS. APPROVED/AUTHORISEDINDIVIDUALS: APERSONREGULATEDBYTHEFINANCIALCONDUCTAUTHORITY,PRUDENTIALREGULATION AUTHORITYOREU/INTERNATIONALFINANCIALREGULATEDORGANISATION QUALIFIEDACCOUNTANT SOLICITOR BARRISTER NOTARYPUBLIC COMMISIONEROFOATHS JUSTICEOFTHEPEACE MEMBEROFPARLIAMENT IMPORTANT: PLEASEBEAWARE,ANYDOCUMENTSPROVIDEDTHATDONOTADHERETOTHESTRICTGUIDELINES STATEDABOVEWILLBERETURNEDANDTHERESERVATIONWILLNOTBEACCEPTED. HarleyInvestmentsLtd 11CarolineStreet,Birmingham,B31TR 01217965222 CompanyNumber09723939 ww.harleyinvestments.com
RAINHAM CEMETERY INVESTMENT OVERSEAS INVESTORS Reservation Form (Overseas) Development: Rainham Cemetery Investment Location: Rainham, RM13 9SB Name : Surname : Middle name : Address: City : County : Postcode : Country : Daytime telephone : Mobile telephone : E-mail address : Date of Birth : Address of correspondence if different to the above: The full balance is due upon request from the solicitor, along with payment details. PLEASE SPECIFY: Payment type: The Law Practice 1 Caldmore Road Walsall WS1 3LX BACS / Cheque Please send a copy of this form to the address above. When returning this form you must also include the required documentation, as listed below: 1) A copy of two photo ID s, certified by a legal representative. AND 2) A copy of two items with proof of address, certified by a legal representative. No. of plots : Order value : (Price: 2,400 per plot) Signature : Date: TERMS & CONDITIONS: 1) You have the right to cancel your instructions to us within fourteen days of receiving these Terms. You can cancel your instructions by contacting us by post or by fax to the branch office dealing with the matter. 2) The solicitors will not commence work until the 14 day period has expired. Work can commence within the 14 days if you waive your right to cancel without incurring any charges. Please tick if you would like us to commence work on your file as soon as possible. Please commence work immediately. I waive my 14 day cooling off period. Harley Investments is registered with the Information Commissioner s Office - Registration Number ZA156304 - and adheres to the Data Protection Act (DPA). We will use your information to process and facilitate your investment at Rainham Cemetery. We would like to contact you with future investment opportunities, which may be of interest to you. If you do not wish to be contacted in this regard, please tick the box.
Dated 2016 MEMORIAL GARDENS LIMITED (1) and INVESTOR (2) Sale Agreement For the Sale of The Exclusive Right to Burial at Rainham Cemetery (to be renamed as The Eastern London Cemetery), Rainham, London, United Kingdom
PARTICULARS Date Vendor MEMORIAL GARDENS LIMITED (1) (Co. Reg. No. 09739477) whose registered address is Lilford Hall, Lilford, Oundle, Peterborough, PE8 5SG INVESTOR (2) of address Purchaser Completion Date Not more than 2 months after the date of this Agreement Land Land at Rainham Cemetery being part of the Land at Rainham Cemetery, 416 Upminster Road North, Rainham, RM13 9SB registered under Title Number EGL272069 A sum calculated as follows:- Price 2,400.00 multiplied by number of purchased Body Burial Plots (namely [ ]).
Plots [ ] Body Burial Plots within the area coloured pink on the plan attached to this Agreement, all such areas being within Land at Rainham Cemetery, 416 Upminster Road North, Rainham, RM13 9SB, United Kingdom comprised within Land Registry Title Number EGL272069
THIS AGREEMENT is made on the date set out in the Particulars BETWEEN the Vendor; and the Purchaser OPERATIVE PROVISIONS 1. INTERPRETATION 1.1 Defined terms In this Agreement, the following words and expressions have the following meanings: Commercial Conditions Burial Rights the Standard Commercial Property Conditions (Second Edition) Exclusive Right to Burial in plot number(s) as shown in the plan at Annexure A hereto Particulars set out at the front of this Agreement 1.2 Construction In this Agreement: 1.2.1 the clause headings do not affect its interpretation; 1.2.2 unless otherwise indicated, references to clauses and Schedules are to clauses of and Schedules to this Agreement and references in a Schedule to a Part or paragraph are to a Part or paragraph of that Schedule; 1.2.3 references to any statute or statutory provision include references to: 1.2.3.1 all Acts of Parliament and all other legislation having legal effect in the United Kingdom; and 1.2.3.2 any subsequent statutes directly or indirectly amending, consolidating, extending, replacing or re enacting that statute and also include any orders, regulations, instruments or other subordinate legislation made under that statute;
1.2.4 references to the Land include any part of them; 1.2.5 including means including, without limitation ; 1.2.6 indemnify means to indemnify against all actions, claims, demands and proceedings taken or made against the Vendor and all costs, damages, expenses, liabilities and losses incurred by the Vendor; 1.2.7 working day has the meaning given to it in the standard Commercial Conditions; 1.2.8 if there is more than one person as a party to this Agreement, the obligations that they undertake can be enforced against them all jointly or against each individually; and 1.2.9 if any provision is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Agreement is to be unaffected. 1.2.10 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. 1.2.11 Body Burial Plot means a plot of land 40 square feet within the area shown coloured pink on the plan attached to this Agreement, in which a body can be buried and is to be used for this purpose only. 1.3 Particulars The Particulars form part of this Agreement and words and expressions set out in the Particulars are to be treated as defined terms in this Agreement. 2. AGREEMENT FOR SALE 2.1 Agreement It is agreed that: 2.1.1 The Purchaser will pay the Price for the Burial Plot calculated upon the sale of [ ] Body Burial Plots at a sale price of 2,400.00 per Body Burial Right. Payment for such to be made to the Vendor on the Date of Completion. 2.1.2 Subject to completion the Vendor agrees to grant the Burial Rights within the Plots coloured pink on the attached plan. 2.2 Completion Completion of the sale of the burial plot or plots is to take place on the Completion Date. 2.3 Timing for completion
Neither party will be under any obligation to complete the Purchase on a day that is not a working day or before 9:30 am or after 4:30 pm on a working day, even where time is of the essence for completion. 2.4 Possession 3. TITLE The Exclusive Burial Rights within the Plots are sold with vacant possession and unencumbered. 3.1 Title deduced The Vendor has deduced title to the Land to the Purchaser in accordance with Standard Commercial Property Condition 6.1 and the Purchaser is not entitled to raise any requisition or objection to the title. 3.2 Title guarantee Full title guarantee to the Burial Rights within the Plots is given by the Vendor. 4. TITLE MATTERS 4.1 Specific matters Burial Rights are sold subject to and, to the extent that the Vendor is able to grant them, with the benefit of the Title Matters. 4.2 Purchaser s knowledge The Purchaser s Solicitors have been provided with copies of the Title Matters and the Purchaser is to be treated as accepting the Burial Rights with full knowledge of them and will not raise any requisition or objection to them. 5. THE EXCLUSIVE RIGHT TO BURIAL 5.1 Engrossment of the Agreement for the Exclusive Right to Burial The Agreement for the Exclusive Right to Burial (ERB) and its duplicate counterpart are to be prepared by the Vendor in the agreed form at Annexure B and an engrossment of the duplicate counterpart ERB is to be delivered to the Purchasers Solicitors at least five working days before the Completion Date. 6. LAND REGISTRY APPLICATIONS 6.1 Noting of this Agreement The Purchaser is not to send this Agreement or any copy of it to the Land Registry but may protect the benefit of this Agreement at the Land Registry and the Vendor agrees to enter into an agreed Notice or any other form of registration relevant to this type of transaction at the request of the Purchaser.
7. ADDITIONAL PROVISIONS 7.1 Information provided The Purchaser acknowledges that: 7.1.1 this Agreement has not been entered into wholly or partly in reliance on any statement or representation made by or on behalf of the Vendor, other than any statements or representations given by the Vendor in written replies to written enquiries raised by the Purchaser s Solicitors before the date of this Agreement; and 7.1.2 any liability of the Vendor and any remedy of the Purchaser at law or in equity in respect of any statement or representation is excluded to the extent authorised by the Misrepresentation Act 1967 and the Unfair Contract Terms Act 1977. 7.2 Entire agreement This Agreement, including the letters, undertakings and other documents referred to in it, constitute the entire contract between the parties and may be varied or modified only in writing by the parties or their authorised representatives specifically referring to this clause and stating that this Agreement is varied in the manner specified. 7.3 No demise 7.4 VAT Nothing in this Agreement creates any demise of land but grants only the Exclusive Right to Burial. Sums payable under this Agreement are exclusive of VAT. Where, under the terms of this Agreement, a supply is made that is subject to VAT, the person receiving the supply is to pay the VAT to the person making the supply and a valid VAT invoice is to be issued by the person making the supply. 8. TERMINATION 8.1 The Purchaser will be entitled to end this Agreement by serving written notice on the Vendor if: 8.1.1 the Vendor breaches the terms of this Agreement and either; 8.1.1.1 that breach is incapable of remedy; or 8.1.1.2 that breach is capable of remedy and the Vendor does not remedy the breach within 21 days of a written notice from the Purchaser or their Solicitor requiring the breach to be remedied.
9. ENFORCEMENT 9.1 Applicable law This Agreement is to be governed by and interpreted in accordance with English law. 9.2 Jurisdiction The courts of England are to have jurisdiction in relation to any disputes between the parties arising out of or related to this Agreement. 9.3 Address for service The Purchaser s address given in the Particulars will be treated as its address for service of any notices or proceedings relating to this Agreement. 10. THIRD PARTY RIGHTS A person who is not a party to this contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement 11. PERFORMANCE GUARANTEE AND BUY BACK PROVISION 11.1 In further consideration of the Vendor selling the Burial Rights to the Purchaser the Vendor hereby undertakes and guarantees to the Purchaser the following: 11.1.1 The Vendor or any selling agent appointed by the Vendor, will within a period of not more than 24 months from the date of this agreement sell on behalf of the Purchaser the body burial plots referred to in this agreement to a ready willing and able third party at a sale value representing a 40% uplift on their investment, to the Purchaser upon the sums paid by the Purchaser to the Vendor for each Burial Right under this agreement. On sale of such Burial Right for a body burial plot to a third party buyer, the Vendor will pay out of funds received from the third party to the Purchaser 3,360 for each plot sold within 15 working days of receipt of the monies by the Vendor. 11.2 In the event that the Vendor shall not sell a plot for a sum representing a 40% uplift to the Purchaser upon the sums paid by the Purchaser in respect of individual plots within the time stated at 11.1.1 the Vendor will upon the written request of the Purchaser repay to the Purchaser in full within 28 days the amount paid by the Purchaser for any plot not sold together with a sum equal to a 40% uplift upon the sum paid for that individual plot paid by the Purchaser under this agreement without deduction or set off (namely 3,360). In such event all rights granted by this agreement or referred to herein will revert to the Vendor. 11.3 Upon the Vendor selling a plot on behalf of the Purchaser as referred to above the Purchaser hereby agrees to take all necessary steps and do all necessary things and sign all necessary documents to assign the Purchaser s Exclusive Right to
Burial in the individual plot to the third party buyer referred to above. 12. Restrictions on Sale 12.1 The Vendor and Purchaser acknowledge that they are entering into this Agreement with the intention that the Purchaser is able to resell the Body Burial Plots to individuals or other entities. 12.2 The Purchaser agrees with the Vendor that the Vendor or any selling agent appointed by the Vendor, is hereby granted the sole rights to sell the Body Burial Plots and undertakes to the Vendor that the Purchaser shall not within the period of the sole selling rights hereby granted to the Vendor, sell or attempt to sell or otherwise dispose of the Body Burial Plots to Individuals or other entities. 13. Notices 13.1 Any notice or other communication required to be given under this agreement shall be in writing and shall be delivered personally, or sent by pre-paid first class post or recorded delivery or by commercial courier, to each party required to receive the notice or communication as set out below: (a) (b) Vendor: Lilford Hall, Lilford, Oundle, Peterborough, PE8 5SG Purchaser: The details as recorded in the Particulars or as otherwise specified by the relevant party by notice in writing to each other party. 13.2 Any notice or other communication shall be deemed to have been duly received: 13.2.1 if delivered personally, when left at the address and for the contact referred to in this clause; 13.2.2 if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second working day after posting; or 13.2.3 if delivered by commercial courier, on the date and at the time that the couriers delivery receipt is signed. 13.3 A notice or other communication required to be given under this agreement shall not be validly given if sent by e-mail. 13.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. 14. NON MERGER The terms and conditions of this Agreement shall remain in full force and effect following the Completion Date to the extent that they have not then been fully implemented or that they relate to matters which are to operate following the Completion Date.
15. RISK The Vendor is responsible for maintaining public liability insurance in respect of the Land at its own cost. 16. MANAGEMENT COMPANY The Vendor confirms that a Management Company has been appointed, the details of which are Puissant Management Ltd (Co.Reg.No 10101544) of 20-22 Wenlock Road, London, N1 7GU for the purposes of maintaining the Land and infrastructure (e.g. Roadways, Pathways, Lighting etc). 17. REGISTER 17.1 The Vendor undertakes to maintain a Register of persons to whom a Burial Right has been granted or to whom such right has been assigned (after notification of any such assignment to the Vendor). 17.2 The Vendor may engage the Management Company to fulfil this obligation once formed. 18. SIGNING This Agreement has been signed under hand by or on behalf of the Vendor and the Purchaser and it is exchanged on the date set out in the Particulars.
Signed by a duly authorised representative of MEMORIAL GARDENS LIMITED Signed by INVESTOR
Annexure A
Annexure B