1. No category

Deed No: 97.
SALE
Today the twenty-ninth (29 ) day of
October two thousand and fourteen
(2014)
th
&
ASSIGNMENT
Before me Doctor of Laws, Marco Burlo’, a Notary Public, have
personally appeared after having ascertained their identity in terms
of law, by virtue of the official documents mentioned hereunder:
ENROLLED ON:
The Parties
ENR:
11/11/2014
Of the one part
Francis Cassar, company chairman, holder of identity card number
26862M, a son of Victor and Serafina nee Delia born in Paola on the
09th December 1961 and residing at Marsaskala, together with
Emanuel Ellul, company director, holder of identity card number
300037M, a son of the late Spiridione and Anna nee Galea, born in
Tarxien on the 12th April 1937 and residing at Marsaskala who
appear on this deed in the name and on behalf of PETROMAL
COMPANY LIMITED,
a private limited liability company
registered and incorporated under the Laws of Malta, bearing
registration number letter C six five two eight eight (C 65288)
having its registered office at 31st March 1979 Installation, Sacred
Heart Promenade, Birzebbugia, BBG 1604, Malta, as duly authorised
by virtue of the Memorandum and Articles of Association of the
said Company as well as by virtue of a resolution of the Board of
Directors of the Company, a copy of which is annexed to this deed
and marked document letter “A”; hereinafter in this deed referred
to as the “Vendor”.
Of the other part
Kevin Chircop, a company director, holder of identity card number
29170M, a son of Carmelo and of Evelyn nee Cini, born in Cospicua
on the 27th November 1969 and residing at Siggiewi, together with
Mario Zammit, a company director, holder of identity card number
26655M, a son of Publius and of Lorenza nee Caruana, born in
Msida on the 29th December 1954, and residing at Tarxien, who
appear on this deed in the name and on behalf of ENEMED CO
LTD, a private limited liability company registered and
incorporated under the Laws of Malta, bearing registration number
1
20862
2014
letter C six six four zero four (C 66404) having its registered office at
31st March 1979 Installation, Sacred Heart Promenade, Birzebbugia,
BBG 1604, as duly authorised by virtue of the Memorandum and
Articles of Association of the said Company as well as by virtue of a
resolution of the Board of Directors of the Company, a copy of
which is annexed to this deed and marked document letter “B”;
hereinafter in this deed referred to as the “Purchaser”.
Definitions
In this deed the following terms shall have the following meaning:
“Authority” means the Authority for Transport in Malta, a body
corporate, established by virtue of the Authority for Transport in
Malta Act, Chapter four hundred and ninety nine (Chap 499) of the
Laws of Malta, having its principal business address at Transport
Malta Centre, Marsa;
“COL” means the Commissioner of Land;
“Deed One” means the public deed in the records of Notary
Vincent Miceli of the thirtieth (30) day of April of the year two
thousand and four (2004), Deed number sixty two [62]) as modified
and amended by a deed dated twenty fifth (25th) August of the
current year 2014, deed number eight (8), in the records of Notary
Keith German;
“Deed Four” means the public deed in the records of Notary
Vincent Miceli of the twenty eighth (28th) April of the year two
thousand and four (2004) Deed number sixty (60) as modified by a
deed dated twenty fifth (25th) August of the current year 2014, deed
number six (6), in the records of Notary Keith German;
“Deed Five” means the public deed in the records of Notary Keith
German of the twenty fifth (25th) August of the current year 2014,
deed number nine (9);
“Deeds” means Deed One, Deed Four, Deed Five;
“EMD” means the Estate Management Department of the
Government Property Division;
2
“Enemalta plc” means the public limited liability company
registered and incorporated under the Laws of Malta and bearing
registration number C 65836, having its principal business address
at Triq Belt il-Hazna, Marsa;
“Enemalta Contracts Order 2014” means the Enemalta Contracts
(Removal of Restrictive Conditions) Order, 2014 made by the
Minister of Energy and Health in exercise of the powers conferred
by Article five letter b (5(b)) of the Act and published as Legal
Notice number three hundred and two of the year two thousand
and fourteen (L.N.302/2014);
Government” and “GOM” and “GoM” mean the Government of
Malta;
“LD Plans” means the plans prepared by the EMD and annexed to
the Deeds;
“LRD” means the department and/or registry set up by the Land
Registration Act Chapter two hundred and ninety six (296) of the
Laws of Malta, and includes any other registry or body which, from
time to time, may take over some or all of the functions and
responsibilities of the Land Registry;
“Petroleum Division Sites” or “PD Sites” means the hereunder
described buildings, lands, properties, sites, structures,
improvements, subsoil rights, rights, servitudes, services and
facilities, namely:
-
Land, Properties and Sites
A1. The surface level complex at Has-Saptan, known as the “HasSaptan Complex – Has-Saptan End”, without official number,
situated in the limits of Ghaxaq, accessible from a public unnamed
road, measuring approximately five thousand two hundred and
twenty square metres (5,220 sq.m), bounded on the North, West and
East by property of the GOM, or successors in title, or more correct
boundaries, and shown outlined in red on the plan indicated as
Property Drawing number sixty five underscore two thousand and
four underscore one (P.D.65_2004_1) (incorporating in it a Survey
Sheet) annexed to Deed One as a document marked with the letter
“B”.
3
A1.1 The site with all the structures built thereon, without official
number, situated in Ghaxaq, measuring approximately four
hundred and sixteen square meters (416 sq. m.), bounded on the
North by property held by EC plc, by title of temporary
emphytuesis, or its successors in title, East and South West by a
road without name, or more correct boundaries, as shown outlined
in red on the plan (incorporating in it a Survey Sheet) indicated as
Property Drawing Number two thousand and nine underscore six
hundred sixty four (P.D. 2009_664) annexed as document letter “A”
to Deed Five;
A2. The terminal known as the “Marsaxlokk Terminal” or the
“Marsaxlokk Reclamation Area”, without official number, situated
in the limits of Marsaxlokk, accessible from an unnamed street,
measuring approximately three thousand eight hundred and sixty
nine square metres (3,869 m2), bounded on the North-East and
South-West by property of the GOM or successors in title and on the
South, South-East and East by the sea, or more correct boundaries,
and shown outlined in red on the plan (incorporating in it a Survey
Sheet) indicated as Property Drawing number sixty five underscore
two thousand and four underscore ten (P.D.65_2004_10) marked
document “K” annexed to Deed One;
A3.1
Purposely omitted;
A3.2
Purposely omitted;
A3.3
Purposely omitted;
A3.4
Purposely omitted;
A3.5.
Purposely omitted;
A4.
The site known as “Gudja Road - Tanker Filling Point”
and also known as Access Point - Escape Shaft unofficially
numbered four (4), without official number, situated in the limits of
Gudja, accessible from Triq Hal-Tarxien, measuring approximately
one thousand two hundred and seventy square metres (1,270sq.m.),
bounded on the South-East by Triq Hal-Tarxien and all other sides
by property of the GOM, or its successors in title, or more correct
boundaries, shown bordered in red on the plan [incorporating in it a
Survey Sheet] indicated as Property Drawing number sixty five
4
underscore two thousand and four underscore six (P.D.65_2004_6)
marked document “G’’ annexed to Deed One;
A5.
Purposely omitted
A6. The Saint George Installation, without an official number,
situated in the limits of Birzebbugia accessible from the Parking
Area in Ghar Dalam Street leading to Birzebbugia measuring
approximately one thousand eighty three square metres (1,083
sq.m) and is bounded on all sides by property of the GOM or
successors in title and shown bordered in Red on a Plan
[incorporating in it a Survey Sheet] indicated as Property Drawing
number sixty five underscore two thousand and four underscore
eighteen (P.D.65_2004_18) marked document “S’ attached to Deed
One;
A7.
Purposely omitted
A8.
Purposely omitted
A9.
Purposely omitted
A10.
Purposely omitted
A11.
Purposely omitted
A12.
Purposely omitted;
A13. a plot of land situate at Has-Saptan in the limits of Ghaxaq,
accessible from an unnamed country road leading to Ghaxaq, which
land measures approximately twenty six thousand eight hundred
and seventy two square metres (26, 872 sq.m.) bounded on the north
partly by the said unnamed road and partly by property of the
GOM or successors in title, on the east and south also by property of
the GOM or successors in title or more accurate boundaries which
land is shown bordered in red on a plan (incorporating in it a
survey sheet) indicated as Property Drawing number one hundred
and seven underscore two thousand and four (PD 107_2004)
annexed to Deed Four as document letter “X”;
-
Subsoil Rights
5
B1. The ‘sub soil rights’ referred to in the Governor General’s
Proclamation dated thirty first day of December of the year one
thousand nine hundred and fifty six (31/12/1956), a copy of which is
annexed to the Deed One as a document marked “BB” (in this deed
referred to as the “Subsoil Rights”), assigned by the Government
to EC plc by virtue of the Deed One as a condition of the
emphyteutical concession of the properties granted on temporary
emphyteusis by virtue of the herein mentioned Deed One; which
Sub-Soil Rights the GOM or its predecessors in title utilised in order
to
construct
the
complex
known
as
“HasSaptan/Corradino/Marsaxlokk Fuel Storage Complex”, without
official number, in the limits of Paola, Tarxien, Santa Lucia,
Birzebbugia, Gudja, Ghaxaq and Marsaxlokk shown as an irregular
(coiled) red line from the point marked “X” to the point marked “Y”
on the Location Plan Property Drawing number sixty five
underscore two thousand and four (PD 65_2004) marked Document
“A” annexed to Deed One, which complex is bounded on all sides
by property of the GOM or successors in title or more correct
boundaries and comprises:
i. the underground fuel storage facilities including tanks, tunnels
and underground spaces as well as other ancillary works known as
the “Has-Saptan Underground Fuel Storage Complex”, situated in
the limits of Ghaxaq, without official number, accessible from three
tunnel entrances which abut onto the surface of the surface level
complex at Has-Saptan known as the “Has-Saptan Complex – HasSaptan End” described in paragraph A1. above and also linked to
the “Marsaxlokk Terminal” described in paragraph A2. above and
to the “Corradino Fuel Storage Complex - Underground Tanks and
Tunnels” in Corradino in the limits of Paola, by means of the
underground tunnels hereunder described in paragraph (ii), and
shown drawn in orange on the plan Property Drawing number sixty
five underscore two thousand and four underscore two (PD
65_2004_2) marked document “C” annexed to Deed One, and
ii. the network of tunnels, pipelines, pump rooms, chambers,
underground spaces and ancillary works which connect the “HasSaptan Underground Fuel Storage Complex” (the Complex) to the
“Marsaxlokk Terminal” on the South-East of the Complex and to
the “Corradino Fuel Storage Complex - Underground Tanks and
Tunnels” in Corradino in the limits of Paola to the North of the
Complex, has a total length of approximately seven thousand one
hundred and seventy metres (7,170m.) and extends along the route
6
shown drawn in green on the plans Property Drawing number sixty
five underscore two thousand and four underscore nineteen (PD
65_2004_19), Property Drawing number sixty five underscore two
thousand and four underscore twenty (PD 65_2004_20), Property
Drawing number sixty five underscore two thousand and four
underscore twenty one (PD 65_2004_21), Property Drawing number
sixty five underscore two thousand and four underscore twenty two
(PD 65_2004_22) and Property Drawing number sixty five
underscore two thousand and four underscore twenty three (PD
65_2004_23) respectively marked as documents “T”,”U”,”V”,”W”
and “X” annexed to Deed One.
The plans annexed to Deed One, referred to hereabove in this
section headed “Subsoil Rights” are indicative only and do not
purport to show the whole extent of the “HasSaptan/Corradino/Marsaxlokk Fuel Storage Complex”. These
Subsoil Rights are attached to the aforesaid properties forming the
subject matter of this deed and to other properties not forming the
subject matter of this deed and being retained by the Vendor, and
are subject to the applicable terms and conditions contained in the
Deed One as modified and amended by virtue of the Enemalta
Contracts Order 2014, for the duration of the emphyteutical grant
granted by virtue of the Deed One and which Subsoil Rights may
be assigned together with the aforesaid properties, in whole or in
part, if and when the aforesaid properties, in whole or in part, are
transferred or disposed in terms of Deed One, and the Enemalta
Contracts Order 2014
and may be granted together with the
aforesaid properties, in whole or in part, if and when the aforesaid
properties, in whole or in part, are granted on lease or under
management agreement or by way of concession or possession in
terms of Deed One, and Enemalta Contracts Order 2014.
For the avoidance of doubt and for the purposes of clarity these
Subsoil Rights shall be enjoyed by the Purchaser and its successors in
title and the Vendor and its successors in title, under all the
applicable terms and conditions contained in the Deed One, for the
duration of the emphyteutical grant granted by the said Deed One.
-
Shafts and Access Points
7
C1. The Access Point - Escape Shaft unofficially numbered one (1),
without official number and unnamed, with a right of access
through a field leased by the GOM to a certain Raymond Caruana,
accessible from an unnamed lane situated in the limits of
Birzebbugia, bounded on all sides by property of the GOM, or more
correct boundaries, measuring approximately thirty one square
metres (31m2), shown bordered in red on the plan (incorporating in
it a Survey Sheet) indicated as Property Drawing number sixty five
underscore two thousand and four underscore three
(P.D.65_2004_3) marked document “D” annexed to Deed One.
C2. The Access Point - Escape Shaft unofficially numbered two (2),
without official number and unnamed, situated in the limits of
Birzebbugia, accessible from an unnamed country lane, measuring
approximately twenty seven square metres (27 m2), bounded on all
sides by property of the GOM, or more correct boundaries, and
shown bordered in red on the plan [incorporating in it a Survey
Sheet] indicated as Property Drawing number sixty five underscore
two thousand and four underscore four (P.D.65_2004_4) marked
document “E’’ annexed to Deed One.
C3. the Access Point - Escape Shaft unofficially numbered three (3),
without official number and unnamed, situated in the limits of
Ghaxaq, accessible from an unnamed road, measuring
approximately eighteen square metres (18sq.m.), bounded on all
sides by property of the GOM or successors in title, or more correct
boundaries, and is shown bordered in red on the plan
(incorporating in it a Survey Sheet) indicated as Property Drawing
number sixty five underscore two thousand and four underscore
five (P.D.65_2004_5) marked document “F’’ annexed to Deed One
and as document letter “B” annexed to Deed Five.
C4. Purposely Omitted
C5. The Access Point – Escape Shaft unofficially numbered five (5),
without official number and unnamed, situated in the limits of
Paola, accessible from Triq Hal-Luqa, measuring approximately one
hundred and forty three square metres (143sq.m.), bounded on the
East by Triq Hal-Luqa, on the West by Triq it-Tfief and on the North
by property of the GOM or successors in title, or more correct
boundaries, shown bordered in red on the plan (incorporating in it a
Survey Sheet) indicated as Property Drawing number sixty five
8
underscore two thousand and four underscore seven
(P.D.65_2004_7) marked document “H’’ annexed to Deed One;
C6. The Access Point – Escape Shaft unofficially numbered six (6),
without official number and unnamed, situated in the limits of
Paola (Corradino Industrial Estate), accessible from an open public
space without a name, measuring approximately one hundred and
seventy square metres (170sq.m.), bounded on all sides by property
of the GOM or successors in title, or more correct boundaries, and
shown bordered in red on the plan (incorporating in it a Survey
Sheet) indicated as Property Drawing number sixty five underscore
two thousand and four underscore eight (P.D.65_2004_8) marked
document “I’’ annexed to Deed One;
C7. The Access Point - Escape Shaft unofficially numbered seven
(7), without official number and unnamed, situated in the limits of
Ghaxaq, accessible from an unnamed public road, measuring
approximately one thousand and thirty two square metres
(1,032sq.m.), bounded on the North-East by an unnamed public
road and on all other sides by property of the GOM or successors in
title, or more correct boundaries, shown bordered in red on the
plan (incorporating in it a Survey Sheet) indicated as Property
Drawing number sixty five underscore two thousand and four
underscore nine (P.D.65_2004_9) marked document “J’’ annexed to
Deed One;
C8. The Access Point - Escape Shaft unofficially numbered fourteen
(14), without official number and unnamed, situated in the
Corradino Industrial Estate in the limits of Casal Paola, accessible
from an open space abutting on an internal road without a name in
the Corradino Industrial Estate, measuring approximately nineteen
square metres (19sq.m.), bounded on all sides by property of the
GOM or successors in title, or more correct boundaries, and shown
bordered in red and marked “Access Point Escape Shaft 14” on the
plan (incorporating in it a Survey Sheet) indicated as Property
Drawing number sixty five underscore two thousand and four
underscore thirteen
(P.D.65_2004_13) marked document “N’’
annexed to Deed One;
C9. The Access Point - Escape Shaft unofficially numbered fifteen
(15), without official number and unnamed, situated in the
Corradino Industrial Estate in the limits of Casal Paola, accessible
from an open space abutting on an internal road without a name in
9
the Corradino Industrial Estate, measuring approximately one
hundred and fifty eight square metres (158sq.m.), bounded on all
sides by property of the GOM or successors in title, or more correct
boundaries, and shown bordered in red and marked “Access Point
Escape Shaft 15” on the plan (incorporating in it a Survey Sheet)
indicated as Property Drawing number sixty five underscore two
thousand and four underscore thirteen (P.D.65_2004_13) marked
document “N’’ annexed to Deed One;
C10.
A Ventilation Shaft (Access Point – Escape Shaft)
unofficially numbered sixteen (16), without official number and
unnamed, situated in the Corradino Industrial Estate in the limits of
Casal Paola accessible from an open public space abutting on an
internal road without a name in the Corradino Industrial Estate,
measuring approximately fourteen square metres (14sq.m.),
bounded on all sides by property of the GOM or successors in title,
or more correct boundaries, and shown bordered in red and marked
“Access Point Escape Shaft 16” on the plan (incorporating in it a
Survey Sheet) indicated as Property Drawing number sixty five
underscore two thousand and four underscore thirteen
(P.D.65_2004_13) marked document “N’’ annexed to Deed One;
C11.
An Access Point - Ventilation Shaft unofficially
numbered one (1), without official number and unnamed, situated
in the Corradino Industrial Estate in the limits of Casal Paola
accessible from an open public space abutting onto an internal road
without a name in the Corradino Industrial Estate, measuring
approximately thirty nine square metres (39sq.m.), bounded on all
sides by property of the GOM or successors in title, or more correct
boundaries, and shown bordered in red and marked “Access Point
Ventilation Shaft 1” on the plan (incorporating in it a Survey Sheet)
indicated as Property Drawing number sixty five underscore two
thousand and four underscore thirteen (P.D.65_2004_13) marked
document “N’’ annexed to Deed One;
C12.
A Ventilation Shaft (Access Point – Ventilation Shaft)
unofficially numbered two (2), without official number and
unnamed, situated in the Corradino Industrial Estate in the limits of
Casal Paola accessible from an open public space abutting on an
internal road without a name in the Corradino Industrial Estate,
measuring approximately fourteen square metres (14sq.m.),
bounded on all sides by property of the GOM or successors in title,
or more correct boundaries, and shown bordered in red and marked
10
“Access Point Ventilation Shaft 2” on the plan (incorporating in it a
Survey Sheet) indicated as Property Drawing number sixty five
underscore two thousand and four underscore thirteen
(P.D.65_2004_13) marked document “N’’ annexed to Deed One;
C13.
A Ventilation Shaft (Access Point – Venditlation Shaft)
unofficially numbered three (3), without official number and
unnamed, situated in the Corradino Industrial Estate in the limits of
Casal Paola accessible from an open public space abutting on an
internal road without a name in the Corradino Industrial Estate,
measuring approximately twenty one square metres (21sq.m.)
bounded on all sides by property of the GOM or successors in title,
or more correct boundaries, and shown bordered in red and marked
“Access Point Ventilation Shaft 3” on the plan (incorporating in it a
Survey Sheet) indicated as Property Drawing number sixty five
underscore two thousand and four underscore thirteen
(P.D.65_2004_13) marked document “N’’ annexed to Deed One;
C14.
An Access Point - Ventilation Shaft unofficially
numbered four (4), without official number and unnamed, situated
in the Corradino Industrial Estate in the limits of Casal Paola
accessible from an open public space abutting on an internal road
without a name in the Corradino Industrial Estate, measuring
approximately sixty seven square metres (67sq.m.), bounded on all
sides by property of the GOM or successors in title, or more correct
boundaries, and shown bordered in red and marked “Access Point
Ventilation Shaft 4” on the plan (incorporating in it a Survey Sheet)
indicated as Property Drawing number sixty five underscore two
thousand and four underscore thirteen (P.D.65_2004_13) marked
document “N’’ annexed to Deed One;
C15.
A Ventilation Shaft (Access Point – Venditlation Shaft)
unofficially numbered five (5), without official number and
unnamed, situated in the Corradino Industrial Estate in the limits of
Casal Paola accessible from an open public space abutting on an
internal road without a name in the Corradino Industrial Estate,
measuring approximately ten square metres (10sq.m.), bounded on
all sides by property of the GOM or successors in title, or more
correct boundaries, and shown bordered in red and marked “Access
Point Ventilation Shaft 5” on the plan (incorporating in it a Survey
Sheet) indicated as Property Drawing number sixty five underscore
two thousand and four underscore thirteen (P.D.65_2004_13)
marked document “N’’ annexed to Deed One;
11
C16.
An Access Point - Ventilation Shaft, unofficially
numbered six (6), without official number and unnamed, situated in
the Corradino Industrial Estate in the limits of Casal Paola
accessible through the Water Services Corporation Area within the
Corradino Industrial Estate, measuring approximately one hundred
and sixty two square metres (162sq.m.), bounded on all sides by
property of the GOM or successors in title, or more correct
boundaries, and shown bordered in red and marked “Access Point
Ventilation Shaft 6” on the plan (incorporating in it a Survey Sheet)
indicated as Property Drawing number sixty five underscore two
thousand and four underscore thirteen (P.D.65_2004_13) marked
document “N’’ annexed to Deed One;
C17.
An Access Point (Access Point – Vendtilation Shaft)
unofficially numbered seven (7), without official number and
unnamed, situated in Corradino in the limits of Casal Paola
accessible from an open public space abutting on an internal road
without a name in the Corradino Industrial Estate, measuring
approximately fourteen square metres (14sq.m.), bounded on all
sides by property of the GOM or successors in title, or more correct
boundaries, and shown bordered in red and marked “Access Point
Ventilation Shaft 7” on the plan (incorporating in it a Survey Sheet)
indicated as Property Drawing number sixty five underscore two
thousand and four underscore thirteen (P.D.65_2004_13) marked
document “N’’ annexed to Deed One;
For the avoidance of doubt and for the purposes of clarity these
Shafts and Access Points shall be enjoyed by the Purchaser and its
successors in title and the Vendor and its successors in title, under all
the applicable terms and conditions contained in the Deed One, for
the duration of the emphyteutical grant granted by the said Deed
One.
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Servitudes, Rights, Foreshore, Quays and Sea
The following rights and servitudes in part constituted by the GOM
in favour of the emphyteuta on property pertaining to the GOM, in
part assigned by the GOM to the emphyteuta and enjoyed by the
GOM over properties of third parties, and in part constituted and/or
granted by the GOM and the Authority over property owned
12
and/or administered by the GOM and/or the Authority; in all
instances by virtue of Deed One and Deed Five, namely:D1.a.
The servitude constituted on a plot of land measuring
approximately one thousand three hundred and thirty five square
metres (1,335sq.m.) and bounded on all sides by property of the
GOM or successors in title, or more correct boundaries, situated in
the limits of Ghaxaq and Birzebbugia, which servitude is shown
marked with the letters “V” and “W” and shown in yellow on the
plan indicated as Property Drawing sixty five underscore two
thousand and four underscore twenty four (P.D. 65_2004_24)
annexed as document “Y” to Deed One;
D1.b.
The servitude constituted on a plot of land, measuring
approximately one thousand six hundred and forty four square
metres (1,644sq.m.) and bounded on all sides by property of the
GOM or successors in title, or more correct boundaries, situated in
the limits of Ghaxaq, which servitude is shown marked with the
letters “U” and “T” and shown in yellow on the plan indicated as
Property Drawing sixty five underscore two thousand and four
underscore twenty four (P.D. 65_2004_24) annexed as document
“Y” to Deed One;
D1.c.
The servitude constituted on a plot of land, measuring
approximately three hundred and thirty nine square metres
(339sq.m.) and bounded on all sides by property of the GOM or
successors in title, or more correct boundaries, situated in the limits
of Birzebbugia and Ghaxaq, which servitude is shown marked with
the letters “S” and “RS4” and shown in yellow on the plan indicated
as Property Drawing sixty five underscore two thousand and four
underscore twenty four (P.D. 65_2004_24) annexed as document
“Y” to Deed One;
D1.d.
The servitude constituted on a plot of land measuring
approximately fifteen square metres (15sq.m.) and bounded on all
sides by property of the GOM or successors in title, or more correct
boundaries, situated in the limits of Birzebbugia, which servitude is
shown marked with the letters “RS1” and “R” and shown in yellow
on the plan indicated as Property Drawing sixty five underscore
two thousand and four underscore twenty four (P.D. 65_2004_24)
annexed as document “Y” to Deed One;.
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D1.e.
The servitude constituted on a plot of land measuring
approximately one hundred and forty four square metres (144sq.m.)
and bounded on all sides by property of the GOM or successors in
title, or more correct boundaries, situated in the limits of
Birzebbugia, which servitude is shown marked with the letters “Q”
and “PQ5” and shown in yellow on the plan indicated as Property
Drawing sixty five underscore two thousand and four underscore
twenty five (P.D. 65_2004_25) annexed as document “Z” to Deed
One;
D1.f.
The servitude constituted on a plot of land measuring
approximately one hundred and eighty eight square metres
(188sq.m.) and bounded on all sides by property of the GOM or
successors in title, or more correct boundaries, situated in the limits
of Birzebbugia, which servitude is shown marked with the letters
“PQ4” and “PQ3” and shown in yellow on the plan indicated as
Property Drawing sixty five underscore two thousand and four
underscore twenty five (P.D. 65_2004_25) annexed as document “Z”
to Deed One;
D1.g.
The servitude constituted on a plot of land measuring
approximately three hundred and fifty one square metres (351sq.m.)
and bounded on all sides by property of the GOM or successors in
title, or more correct boundaries, situated in the limits of
Birzebbugia, which servitude is shown marked with the letters
“PQ1” and “P” and shown in yellow on the plan indicated as
Property Drawing sixty five underscore two thousand and four
underscore twenty five (P.D. 65_2004_25) annexed as document “Z”
to Deed One;
D1.h.
The servitude constituted on a plot of land measuring
approximately five thousand three hundred and thirty six square
metres (5,336sq.m.) and bounded on all sides by property of the
GOM or successors in title, or more correct boundaries, situated in
the limits of Birzebbugia, which servitude is shown marked with the
letters “P” and “O” and shown in yellow on the plan indicated as
Property Drawing sixty five underscore two thousand and four
underscore twenty five (P.D. 65_2004_25) annexed as document “Z”
to Deed One;
D2.a.
The servitude covering an area of approximately five
hundred and fifty eight square metres (558sq.m.) and bounded on
the East and on the West by property of Saint Paul’s Shipwreck
14
Church of Valletta or its successors in title and on the South by
property of the GOM or successors in title, or more correct
boundaries, constituted on the field in the limits of Birzebbugia
known as Ta’ Ghar Dalam of a total area of twenty eight thousand
one hundred and two decimal point five square metres
(28,102.5sq.m.) and bounded on the North in part by Birzebbugia
Main Road, in part by a country lane and in part by property of the
GOM or successors in title, on the East by property of the Zammit
brothers of Ghaxaq or successors in title, on the South by property
of Doctor Louis Galea or successors in title and on the West by
property of the GOM or successors in title, or more correct
boundaries. The said servitude is shown marked with the letters
“RS4” and “RS3” and coloured in red, whilst the field is shown
bordered in green and marked number five (5), on the plan
indicated as Property Drawing sixty five underscore two thousand
and four underscore twenty four (P.D. 65_2004_24) annexed as
document “Y” to Deed One;
D2.b.
The servitude covering an area of approximately five
hundred and nineteen square metres (519sq.m.) in the limits of
Birzebbugia, bounded on the East and West by property of Matteo
Zammit or successors in title and on the South by property of the
GOM or successors in title, or more correct boundaries, constituted
over a plot of land of a total area of approximately four thousand
four hundred and ninety six decimal point four square metres
(4,496.4sq.m.) and bounded on the North by property of the GOM
or successors in title, on the West by a private alley, on the South by
property of Salvatore Caruana or successors in title and on the East
by property of the Cachia Zammit family or successors in title or
more correct boundaries. The said servitude is shown marked with
the letters “RS3” and “RS2” and coloured in red, whilst the field is
shown bordered in green and marked number four (4), on the plan
indicated as Property Drawing sixty five underscore two thousand
and four underscore twenty four (P.D. 65_2004_24) annexed as
document “Y” to Deed One;
D2.c.
The servitude covering an area of approximately one
hundred and eight square metres (108sq.m.) situated in the limits of
Birzebbugia and bounded on the East and West by property of
Salvatore Caruana or successors in title and on the South by a
country lane, or more correct boundaries, constituted over the field
known as Ta’ Wied Dalam, in the limits of Birzebbugia, which field
has an area of approximately one thousand six hundred and eighty
15
six square metres (1,686sq.m.) and is bounded on the North by
property of the heirs Zammit or successors in title, on the East by
property of Alfred Cachia Zammit or successors in title and on the
South and West by a lane, or more correct boundaries. The said
servitude is shown marked with the letters “RS2” and “RS1” and
coloured in red, whilst the field is shown bordered in green and
marked number three (3), on the plan indicated as Property
Drawing sixty five underscore two thousand and four underscore
twenty four (P.D. 65_2004_24) annexed as document “Y” to Deed
One;
D2.d.
The servitude covering an area of approximately one
hundred and sixty five square metres (165sq.m.) in the limits of
Birzebbugia and bounded on the North and on the West by
property of Alexander Apap Bologna or successors in title and on
the North-East by property of the GOM or successors in title, or
more correct boundaries, constituted on the field known as Ta’
Wied Dalam, in the limits of Birzebbugia, which field has an area of
approximately four thousand four hundred and ninety six decimal
point four square metres (4,496.4sq.m.) and is bounded on the South
by property of Doctor Louis Galea or successors in title, on the
North by property of Paul Bellizzi or successors in title and on the
East by property of the GOM or successors in title, or more correct
boundaries. The said servitude is shown marked with the letters
“PQ5” and “PQ4” and coloured in red, whilst the field is shown
bordered in green and numbered two (2), on the plan indicated as
Property Drawing sixty five underscore two thousand and four
underscore twenty five (P.D. 65_2004_25) annexed as document “Z”
to Deed One;
D2.e.
The servitude covering an area of approximately one
hundred and eighty eight square metres (188sq.m.) in the limits of
Birzebbugia, and bounded on the North-West and on the South-East
by property of Carmela Spiteri or successors in title and on the
South-West by property of the GOM or successors in title, or more
correct boundaries, constituted on the field known as Ta’ Wied
Dalam, in the limits of Birzebbugia, which field has an area of
approximately three thousand three hundred and seventy two
square metres (3,372sq.m.) and is bounded on the West and SouthWest by property of Giovanni Caruana or successors in title and on
the South-East by property of the Busuttil brothers or successors in
title, or more correct boundaries. The said servitude is shown
marked “PQ3” and “PQ2” and coloured in red, whilst the field is
16
shown bordered in green and marked number one (1), on the plan
indicated as Property Drawing sixty five underscore two thousand
and four underscore twenty five (P.D. 65_2004_25) annexed as
document “Z” to Deed One:
D2.f.
The servitude covering an area of approximately forty
eight square metres (48sq.m.), situated in the limits of Birzebbugia,
and bounded on the North-West by property of Carmela Spiteri or
successors in title, on the South-East and on the North-East by
property of the GOM or successors in title, or more correct
boundaries, constituted on a piece of land of the same area and
having the same boundaries, which servitude and portion of land
are together shown coloured in red and marked with the letters
“PQ2” and “PQ1” on the plan indicated as Property Drawing sixty
five underscore two thousand and four underscore twenty five (P.D.
65_2004_25) annexed as document “Z” to Deed One;
D3.a.
The twelve (12) inch sullage pipeline (presently not in
use) which emerges from the end of the Has- Saptan tunnel at the
Marsaxlokk end and leads underground along the shoreline to the
`Marsaxlokk terminal`, approximately thirty nine metres (39m) in
length, bounded on the East and South-East by the sea and on all
sides by property of the GOM, or its successors in title or more
correct boundaries, and is shown in red marked with letters ‘A’ and
‘A1’ on Plan Property Drawing Number two thousand and nine
underscore six hundred sixty eight (P.D. 2009_668), annexed to
Deed Five and marked as document letter “D”;
D3.b.
The one hundred fifty metre (150m) long tunnel
known as the ‘Spur Tunnel’, which tunnel was originally meant to
serve as an emergency exit point for the pipelines in the Has-Saptan
tunnels, which leads from inside the tunnel complex (from the point
shown as point B1 on the hereunder mentioned plan) and emerges
from the cliff face (up to the point shown as point B on the
hereunder mentioned plan) below the San Lucjan Tower in
Marsaxlokk, bounded on the South by the sea and on all other sides
by property of the GOM or its successors in title or more correct
boundaries as shown in blue marked with letters ‘B1’ and ‘B’ on
plan bearing Property Drawing Number two thousand and nine
underscore six hundred sixty eight (P.D. 2009_668), annexed to
Deed Five as document letter “E”;
17
D3.c.
Two underground tunnels in Paola, excluding the
surface areas, one measuring approximately forty four metres (44m)
in length and the other one measuring approximately fifty five
meters (55m) in length, both bounded by all sides by property of the
GOM and both marked in red, numbered one (1) and two (2)
respectively, on plan bearing Property Drawing Number sixty five
underscore two thousand four underscore twenty letter ‘A’ (P.D.
65_2004_20A), annexed to Deed Five and marked as Document ‘F’.
The GOM has unlimited access from the point of entrance to Gate
‘B’ leading to the Ex-underground Power Station, which points are
illustrated on the above mentioned plan.
D3.d.
(For the purposes of this sub paragraph:‘Luqa Airport Aviation Fuel Storage – Bulk 1’ means the site with all
the structures built thereon, without official number, situated
alongside the apron of the Malta International Airport at Luqa,
accessible from the said apron, measuring approximately nine
thousand nine hundred ninety five square metres (9995 sq.m.),
which measurement includes the road area, bounded on the North
West by an unnamed road, South and West by property of the
Government of Malta or of its successors in title, or more correct
boundaries.
‘Luqa Aviation Fuel Storage – Bulk 2’ means the site with all the
structures built thereon, without official number, situated alongside
the apron of the Malta International Airport at Luqa, accessible from
the said apron, measuring approximately three thousand three
hundred seventeen square meters (3317 sq.m.), bounded on the
south west by an unnamed road, North East and West by property
of the Government of Malta or its successors in title, or more correct
boundaries;)
The fuel pipeline consisting of an underground and surface
pipeline, known as the ‘Jet A1 Pipeline’ situated in the limits of
Ghaxaq and Luqa which extends underground from the Has-Saptan
Installation as indicated on Plan Property Drawing Number sixty
five underscore two thousand four underscore one (P.D. 65_2004_1)
on Document ‘B’ attached to a deed in the records of Notary
Vincent Miceli dated thirtieth (30th) day of April of the year two
thousand four (2004), under the runways and aprons at the Malta
International Airport, up to the ‘Luqa Aviation Fuel Storage – Bulk
2’ and continues to the ‘Luqa Aviation Fuel Storage – Bulk 1’, which
pipeline is approximately five thousand and seven metres (5,007m)
18
long, is bounded on all sides by property of the GOM, or successors
in title or more correct boundaries, and extends along the route
shown drawn in blue with regards to the underground pipeline and
route shown in red with regards to the surface pipeline, on Plan
Property Drawing number two thousand and nine underscore six
hundred sixty six (P.D. 2009_666) annexed to Deed Five as
document letter “C”;
For the avoidance of doubt and for the purposes of clarity, ‘Luqa
Airport Aviation Fuel Storage – Bulk 1’ and ‘Luqa Aviation Fuel
Storage – Bulk 2’ are not being sold and transferred to the
Purchaser.
D3.e The underground pipelines in the area known as ‘Ras Hanzir’
in Paola, one measuring approximately eighty seven metres (87m)
in length, and marked in blue from Point ‘B’ to Point ‘B1’ and the
other measuring approximately thirty three metres (33m) in length
and marked in blue from Point ‘B1’ to Point ‘B2’ both bounded by
all sides by property of the GOM or successors in title or more
correct boundaries and both shown in blue with the said markings
and points on a plan bearing Property Drawing Number two
thousand and nine underscore six hundred and seventy underscore
letter ‘A’ (P.D. 2009_670_A), annexed to Deed Five as document
letter “G”;
E1. The right of use (subject to the conditions stipulated in Deed
One) of the site known as the “Ras Hanzir Dolphin”, without official
number, including quays, consisting of a dolphin and jetty facility
without a name and without an official number at Ras Hanzir
situated in the limits of Paola and accessible from Il-Moll TalFaham, measuring approximately one thousand eight hundred and
seventy nine square metres (1,879sq.m.), bounded on the NorthWest by the sea, and on the North-East and on the North by
property of the GOM or successors in title, or more correct
boundaries, and shown outlined marked number three (3) and
bordered in red on the plan (incorporating in it a survey sheet)
indicated as Property Drawing number sixty Five underscore two
thousand and four underscore eleven (PD 65_2004_11) annexed to
Deed One as document letter “L”;
E2. The servitude consisting of the laying of pipes situated on the
foreshore and in and /or on the sea bed having a total length of
19
approximately five hundred and forty metres (540m), situated in the
limits of Marsaxlokk and Birzebbugia, bounded on all sides by the
sea and shown in light blue colour and marked with the letters “Y”
and “Z” on the plan Property Drawing number sixty five
underscore two thousand and four underscore nineteen (PD
65_2004_19) annexed to Deed One as document letter “T”; as well as
the structure or dolphin known as the “Marsaxlokk Dolphin”
situated in the sea at the end of the above mentioned pipeline
bounded on all sides by the sea;
E3. The servitude consisting of the laying of pipes and the quay
dolphin having a total length of approximately one hundred and
ninety metres (190m) laid over an existing pier situated in the limits
of Birzebbugia and bounded the said pier on the North by the
foreshore and on all other sides by the sea, or more correct
boundaries as shown drawn in violet and marked with the letters
“O” and “N” on the plan Property Drawing sixty five underscore
two thousand and four underscore sixteen (PD 65_2004_16) marked
document “Q” annexed to Title Deed One. The said pier has an
approximate area of six hundred and ninety square metres
(690sq.m.) and is shown coloured in yellow and marked with the
letters “O” and “N” on the plan indicated as Property Drawing sixty
five underscore two thousand and four underscore twenty five (P.D.
65_2004_25) annexed as document “Z” to Deed One;
E4. The underground pipeline in the area known as ‘Ras Hanzir’ in
Paola, without official number, measuring approximately seventy
two metres (72m) in length, bounded by all sides by property of the
GOM or successors in title or more correct boundaries and marked
in blue from Point ‘A’ to Point ‘A2’ on plan bearing Property
Drawing Number two thousand and nine underscore six hundred
and seventy underscore A (P.D. 2009_670_A), annexed to Deed Five
as document letter “G”; together with the underground pipeline in
the area known as ‘Ras Hanzir’ in Paola, without an official number
measuring approximately one hundred twenty six metres (126m) in
length, bounded by all sides by property of the GOM or successors
in title, or more correct boundaries and marked in blue from Point
‘A’ to Point ‘A3’ on plan bearing Property Drawing Number two
thousand and nine underscore six hundred and seventy underscore
A (P.D. 2009_670_A), annexed to Deed Five as document letter “G”;
as well as the underground pipeline at ‘Ras Hanzir’ limits of Paola,
without official number, measuring approximately two hundred
ninety two metres (292m), bounded on all sides by property of the
20
GOM or successors in title or more correct boundaries indicated in
blue as point ‘A’ to point ‘A1’ shown on Plan Property Drawing
number two thousand and nine underscore six hundred and
seventy underscore A (P.D. 2009_670_A), annexed to Deed Five as
document letter “G”;
E5.
The underground pipeline at ‘Ras Hanzir’ limits of Paola,
without official number, measuring approximately three hundred
ninety five metres long (395m), bounded on all sides by property of
GOM or successors in title or more correct boundaries indicated in
blue as points ‘C’ to points ‘C1’ and ‘C2’ shown on Plan Property
Drawing number two thousand and nine underscore six hundred
and seventy underscore A (P.D. 2009_670_A), attached to Deed Five
as document letter “G”
These servitudes and rights are attached to the aforesaid properties
forming the subject matter of this deed and to other properties not
forming the subject matter of this deed and being retained by the
Vendor, and are subject to the applicable terms and conditions
contained in the Deed One and Deed Five as modified and
amended by virtue of the Enemalta Contracts Order 2014, for the
duration of the emphyteutical grant granted by virtue of the Deed
One and Deed Five and may be assigned together with the
aforesaid properties, in whole or in part, if and when the aforesaid
properties, in whole or in part, are transferred or disposed in terms
of Deed One and Deed Five, and the Enemalta Contracts Order 2014
and may be granted together with the aforesaid properties, in whole
or in part, if and when the aforesaid properties, in whole or in part,
are granted on lease or under management agreement or by way of
concession or possession in terms of Deed One and Deed Five, and
Enemalta Contracts Order 2014.
For the avoidance of doubt and for the purposes of clarity these
Servitudes and Rights shall be enjoyed by the Purchaser and its
successors in title and the Vendor and its successors in title, under all
the applicable terms and conditions contained in the Deed One, for
the duration of the emphyteutical grant granted by the said Deed
One.
21
“Purchaser” means the above mentioned and described ENEMED
CO LTD;
“Vendor” means the abovementioned and described PETROMAL
COMPANY LIMITED;
Preamble
i. the Vendor and the Purchaser have agreed that the Vendor
transfers and assigns unto the Purchaser which shall acquire the
immovables, servitudes and rights mentioned and described above,
for the price and under the terms and conditions stipulated later on,
in this deed;
ii. the Vendor has requested and obtained the consent of the
Government for the sale, assignment and transfer of the immovable
servitudes and rights being made by virtue of this deed, a copy of
the letter of consent is being annexed to this deed and marked
document letter “C”
iii. the Vendor has requested and obtained the consent of the
Authority for the assignment and transfer of the immovables,
servitudes and rights being made by virtue of this deed, a copy of
the letter of consent is being annexed to this deed and marked
document letter “D”
Now therefore by virtue of this deed:
(a)
the Vendor is selling and transferring unto the Purchaser which
accepts, purchasers and acquires:-
-
the temporary dominium utile for the period remaining from
sixty five (65) years reckoned from the thirtieth (30th) April of the
year two thousand and four (2004) of the properties described as
items A1, A1.1, A2, A4, A6, C1, C2, C3, C5, C6, C7, C8, C9, C10,
C11, C12, C13, C14, C15, C16, C17 in the definition of Petroleum
Division Sites, which properties as subject to their proportionate
share of the annual, temporary and revisable groundrent resulting
from and imposed by Deed One and in the case of the property
22
described under paragraph C3 resulting from and imposed by
Deed One and Deed Five and in the case of the property described
under paragraph A1.1 resulting from and imposed by Deed Five,
which groundrent is revisable upwards every fifth (5th) year of the
emphyteutical grants by fifteen per cent (15%) on the groundrent
payable annually in each year in the immediately preceding five (5)
year term, the next revision to take place on the thirtieth (30 th) day of
April of the year two thousand and nineteen (2019), and as subject
to the terms and conditions contained in Title Deed One and Title
Deed Five as modified by virtue of the Enemalta Contracts Order
2014 and together with all their rights and appurtenances including,
but not limited to, the Subsoil Rights, Servitudes and other rights
described under the heading Subsoil Rights and the heading
Sevitudes, Rights, Foreshore, Quays and Sea, assigned hereunder;
-
the temporary dominium utile for the period remaining from
sixty five (65) years reckoned from the twenty eighth (28th) April of
the year two thousand and four (2004) of the property/site described
as item A13 in the definition of Petroleum Division Sites, as subject
to the annual, temporary and revisable groundrent resulting from
and imposed by Deed Four which groundrent is revisable upwards
every fifth (5th) year of the emphyteutical grant by fifteen per cent
(15%) on the groundrent payable annually in each year in the
immediately preceding five (5) year term, the next revision to take
place on the twenty sixth (26th) day of April of the year two
thousand and nineteen (2019) and as subject to the terms and
conditions contained in Deed Four as modified by virtue of the
Enemalta Contracts Order and together with all its rights and
appurtenances;
(b) the Vendor is transferring and assigning unto the Purchaser which
accepts and acquires, the subsoil rights, servitudes and other rights
described under the heading Subsoil Rights and the heading
Servitudes, Rights, Foreshore, Quays and Sea, above, under
paragraphs B1., D1.a, D1.b, D1.c, D1.d, D1.e, D1.f, D1.g, D1.h, D2.a,
D2.b, D2.c, D2.d, D2.e, D2.f, D3.a, D3.b, D3.c, D3.d, D3.e, E1, E2, E3,
E4, E5 , which rights are attached to the above mentioned properties
forming the subject matter of this deed and other properties not
forming part of the subject matter of this deed and being retained by
the Vendor, which servitudes and rights shall be enjoyed by the
Purchaser and its successors in title and by the Vendor and its
23
successors in title are subject to the applicable terms and conditions
contained in the Deed One and the Deed Five, as modified by virtue
of the Enemalta Contracts Order 2014, and are assignable together
with the aforesaid properties, in whole or in part, if and when the
aforesaid properties, in whole or in part, are transferred or disposed
in terms of the Deed One and / or Deed Five as modified by virtue
of the Enemalta Contracts Order 2014, and may be granted or
assigned together with the aforesaid properties, in whole or in part,
if and when the aforesaid properties, in whole or in part, are
granted on lease or under management agreement or by way of
concession or possession in terms of the Deed One and / or Deed
Five.
for the hereunder mentioned the price and under the other terms
and conditions stipulated hereunder mutually agreed to between
the Vendor and the Purchaser:
1. Price
In consideration of the global price of twenty six million four
hundred and thirty five thousand four hundred and eighty six Euro
(€ 26,435,486) (the “Price”), which Price is being settled by the
Vendor by the issue and allotment of shares in the purchaser
company namely ENEMED CO LTD to and in favour of the Vendor.
The Vendor remits full and final receipt andacquitance in settlement
of the Price.
2. Warranty Peaceful Possession
The Vendor warrants according to law, the peaceful possession and
real enjoyment of the PD Sites.
3. Tale Quale
The PD Sites are being sold ‘tale quale’ in their current state and
condition. The Purchacer with the acceptance of the Vendor is
hereby expressly excluding the warranty for defects whether latent
or otherwise.
4. Litigation
24
The Vendor warrants in favour of the Purchaser, which accepts, that
there are no material proceedings pending or threatened by or
against the Vendor in connection with the PD Sites and that there
are no circumstances which are likely to give rise to any material
litigation or arbitration involving the Purchaser.
5. Discrepancy between Descriptions and Plans
In the event of any discrepancy between the description of any one
of the Petroleum Division Sites contained in this deed and the
relative plan referred to in this deed, the relative plan shall prevail
over any such description contained in this deed and the relative
description shall be construed accordingly.
6. Free From Burdens
Save for any public services currently passing through, under or
over the PD Sites and save as otherwise stated in this deed, the PD
Sites are hereby being transferred and acquired as subject to all
terms and conditions resulting from the Deeds and from Enemalta
Contracts Order 2014 but otherwise with all their rights and
appurtenances, free and unencumbered from all other groundrents,
burdens, other servitudes, hypothecs and privileges, and free from
all rights, both real and personal and of whatever nature, in favour
of third parties.
7. Applicable Law
This deed shall be governed by and construed according to the
Laws of Malta.
8. Notices
Any notice required or permitted to be given in terms of this deed
shall be in writing and may be served personally or by registered
mail, return receipt requested. Such notices shall be effective upon
delivery.
9. Fees and Expenses
All Notarial fees and expenses and other related fees payable in
connection with this deed shall be at the charge of the Purchaser.
Each party shall be responsible for the payment of the fees of its
own advisors.
25
STATUTORY DECLARATIONS
For the purposes of the Land Registration Act (Chapter two
hundred and ninety six (296) of the Laws of Malta), The Purchaser
declares that it has exempted the undersigned Notary from carrying
out searches at the LRD;
For the purposes of the Immovable Property (Acquisition by NonResidents) Act (Chapter two hundred and forty six (246) of the Laws
of Malta), the authorised representatives of the purchaser company
declare that the purchaser company is a corporate entity which was
constituted, formed established incorporated or registered under
the laws of a Member State of the European Union; that it has its
registered address, principal place of residence and business in a
Member State of the European Union; that the purchaser company
is wholly owned by the GOM; and this after I, the undersigned
Notary, warned them about the importance of the truthfulness of
these declarations according to the law.
I the undersigned Notary declare that no duty on documents is due
by the Purchaser on this deed as this deed concerns the transfer of
immovable property from one company to another company which
are deemed to be the same group of companies within the terms of
article forty two (42) of the Duty on Documents and Transfers Act
and as results from the exemption letter annexed to this deed as a
document marked with the letter “E” issued by the Director General
-Inland Revenue
The Vendor acquired the properties transferred by an onerous title
by virtue of a deed in my records of the twenty eighth (28th) day of
August of the year two thousand and fourteen (2014).
For the purposes of the Income Tax Management Act, Chapter three
hundred and seventy two (372) of the Laws of Malta and the Income
Tax Act, Chapter one hundred and twenty three (123) of the Laws of
Malta:
i. The Vendor and the Purchaser declare that for the purposes of
sub-article twelve (12) of article five letter ‘A’ (5A) of the Income Tax
Act, they have declared to the undersigned Notary all the facts that
determine if the transfer made by virtue of this deed is one to which
26
the aforesaid article five letter ‘A’ (5A) applies or otherwise and that
are relevant for ascertaining the proper amount of tax chargeable or
any exemption, including the value which, in their opinion,
reasonably reflects the market value of the property transferred by
virtue of this deed, if this value is higher than the consideration for
the transfer. The Vendor and the Purchaser make such declaration
after I the undersigned Notary warned them about the importance
of the truthfulness of this declaration of theirs.
ii. The Vendor and the Purchaser declare that this deed concerns the
transfer of immovable property from one company to another
company which qualifies for tax relief under paragraph letter (f) of
sub-article four (4) of article five letter ‘A’ (5A) of the Income Tax
Act and that they are making this declaration after I the
undersigned Notary warned them about the importance of the
truthfulness of their declaration and of the consequence in the case
of false or erroneous declarations.
iii. On the basis of the declarations made by the Vendor and the
Purchaser, I the undersigned Notary, declare that no tax is due by
the Vendor on this transfer.
iv. For the purposes of the Income Tax Act and in accordance with
the provisions of sub-rule four (4) of Rule six (6) of the Capital Gains
Rules a copy of the notice mentioned in roman number two of subarticle nine of article five (5(9)(ii)) of the Income Tax Act in the form
prescribed in Schedule letter ‘A’ attached to the Capital Gains Rules
shall be attached to this deed by the undersigned Notary when the
said notice is acknowledged and stamped by the Director General Inland Revenue.
For the purposes of the Notarial Profession and Notarial Archives
Act, Chapter fifty five (Cap.55) of the Laws of Malta and specifically
the first proviso to article eighty four letter ‘C’ sub-article five
(84(C)(5)), the representative of the Purchaser on this deed hereby
declares that he has exempted the undersigned Notary from his
obligation to produce a written report on the examination of title.
This declaration is being made in terms of sub-article one (1) of
regulation twenty two (22) of the Examination of Title Regulations,
after I the undersigned Notary have explained to them the
importance and consequence of their declaration and they hereby
confirm that I the undersigned Notary have given him the said
explanation.
27
Done read and published after due explanation of the contents
hereof according to the law in Malta, Marsa, at the offices of Marsa
Power Station.
Francis Cassar.
Emanuel Ellul.
Kevin Chirchop.
Mario Zammit.
Marco Burlo’
Notary Public Malta.
A true copy of the Original deed
in my Records issued today the 7th April 2015.
Quod Attestor.
D r. Marco Burlo’
N otary Public, Malta.
152/1, N axxar Road, San Gw ann.
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