Page:1930 QLD Royal Commission into Racing Report.djvu/87

87 APPENDIX C(vii.) —continued. "A"—continued. 5. It is hereby expressly agreed and declared by and between the parties hereto that except as herein modified and/or amended the provisions conditions and agreements contained in the said principal agreements shall remain in full force and effect.

6. The purchasers shall pay to the vendors all costs and expenses of and incidental to the preparation completion and stamping of this agreement.

In witness whereof the parties hereto have hereunto set their hands the day and year first hereinbefore written.

APPENDIX C(vii.)—continued. "A"—continued.

made this Fifth day of February One thousand nine hundred and thirty between of "Ripponlea" Hotham Street Elsternwick in the State of Victoria in the Commonwealth of Australia Warehouseman and  of Studley Park Kew in the said State Gentleman (hereinafter called "the Vendors") of the first part  of Brisbane in the State of Queensland in the said Commonwealth Solicitor and  of Brisbane aforesaid Accountant of the second part and  of South Brisbane Company Director on behalf of himself and all members of Kedron Amateur Racing Club of the third part Whereas the said Thomas William Bouchard and George Rees have been duly appointed under the rules of the Kedron Amateur Racing Club as Trustees for the said Club to the intent and purpose that all the real and personal estate of the said club shall vest in them as such trustees And whereas the said John Edward Burke is the chairman of the committee of the said Kedron Amateur Racing Club to execute these presents on behalf of himself and all other members of the said club And whereas by memorandum bearing date the twenty-fourth day of August One thousand nine hundred and twenty-three the vendors agreed and declared that neither the said trustees nor the members of the Kedron Amateur Racing Club should be individually or personally liable for the payment of any purchase money agreed to be paid under a purchase agreement between the vendors and the said trustees then about to be executed for the sale and purchase of Kedron Park Racecourse and the buildings plant and goodwill thereof or for the observance or performance of any of the agreements and stipulations to be contained in the said proposed purchase agreement And whereas the said proposed purchase agreement between the vendors and the said trustees was thereafter duly executed and bears date the twenty-fourth day of August One thousand nine hundred and twenty-three And whereas doubts have arisen as to the true intent and meaning of the two abovementioned agreements And whereas the vendors and the said Kedron Amateur Racing Club are desirous of entering into a fresh agreement varying the terms of the said purchase agreement of the twenty-fourth day of August One thousand nine hundred and twenty-three for the