USVI Public Records

Document text

THE UNITED STATES VIRGIN ISLANDS OFFICE OF THE GOVERNOR GOVERNMENT HOUSE Charlotte Amalie, V.I. 00802 State he ay: 340-774-0001 July 28, 2025 ViA HAND DELIVERY The Honorable Milton E. Potter Senate President Thirty-Sixth Legislature of the Virgin Islands Capital Building St. Thomas, Virgin Islands 00802 Re: Lease Agreement for Ratification by the Thirty-Sixth Legislature of the U.S Virgin Islands Dear Senate President Potter: Transmitted herewith in accordance are the provisions of Title 31, Section 205, subsection (c), Virgin Islands Code is the following Lease Agreement submitted for ratification by the Thirty- Sixth Legislature: Lease Agreement between the Government of the Virgin Islands, acting through the Department of Property and Procurement and Submarine Base Warehouse, LLC (OLC No. 0174-2025). Under the proposed Lease Agreement, the Government will lease Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, St. Thomas, and Parcel No. 145 (Consolidated) (Crown Bay Fill} Submarine Base, No. 6 Southside Quarter, St. Thomas, to Submarine Base Warehouse, LLC for an initial period of 30 years with three ten-year renewal options. The property will be used for bulk storage, establishing a slate of subtenants, parking, and other permitted purposes. ] thank you and the members of the Thirty-Sixth Legislature for your prompt action on this measure. Sincerely, FSaLm Albert Bryan Jr. Governor VIRGIN ISLANDS DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL + *> June 17, 2025 VIA HAND DELIVERY Htonorable Albert Bryan Jr. Governor of the Virgin Islands Government House 21-22 Kongens Gade St. Thomas, U.S. Virgin Islands 00802 Attn: Re: Richard T. Evangelista, Esq. Chief Legal Counsel to the Governor Multi-Year Lease Agreement between the Government of the Virgin Islands acting through the Department of Property and Procurement and Submarine Base Warehouse, LLC. Leased Premises: Parcel Nos. 12 and 124A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, St. Thomas, U. S. Virgin Islands. consisting of a combined 20,423 U.S. sq. fi. or 0.469 U.S. acre of land more-or-less; and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base. No. 6 Southside Quarter, St. Thomas, U. S. Virgin Islands, consisting of approximately 39.756 U.S. sq. ft. or 0.91 U.S. acre of improved land. A.G.O. File No. K-24-0202 Dear Governor Bryan: Transmitted herewith, for your review, approval, and signature, is the proposed one-year lease by and between the Government of the Virgin Islands (“GVI”) acting through the Department of Property and Procurement (“DPP”) and Submarine Base Warehouse, LLC (“Lessee”). The proposed multi-year lease was previously submitted to the Virgin Islands Legislature under Bill St. Thomas 3438 Kronprindsens Gade | GERS Complex, 2nd Floor | St. Thomas, Vi 00802-5749 | (340) 774-5666 Division of Paternity & Child Support | 8000 Nisky Shopping Center { 2nd Floor, Suite 500 [ St. Thomas, VI OO802 | (340) 775.3070 St. Croix 213 Estate La Reine | Kingshill, St. Croix, VI 00850 | (340) 773-0295 Division of Paternity & Child Support | 3018 Orange Grove, Suite 4 | Christiansted, St. Croix, Vl 00821 | (340) 775-3070 Hand Delivered Transmittal Letter to Governor Albert Bryan Jr. dated June 17, 2025 RE: Multi-Year Lease Agreement between the Government of the Virgin Islands acting through the Department of Property and Procurement and Submarine Base Warchouse, LLC. Leased Premises: Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, St. Thomas. U. S. Virgin Islands, consisting of a combined 20,423 U.S. sq. ft. or 0.469 U.S. acre of land more-or-less: and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base. No. 6 Southside Quarter, St. Thomas. U.S. Virgin Istands, consisting of approximately 39,756 U.S. sq. ft. or 0.91 U.S. acre of improved land. ALG.O. File No. K-2 11-0202 Pace }2 No. 35-0414. but it did not make it out of Committee. This proposal is a revised submission for consideration, pursuant to 31 V.1.C. §205(b). This resubmitted and revised proposed Multi-Year Lease Agreement is for the use of the following property: a. Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill). No. 6 Southside Quarter. St. Thomas. U.S. Virgin Islands. consisting of approximately 20.423 U.S. sq. ft. or 0.469 U.S. acre of land. which ts zoned “W-2” for (Waterfront Commercial-Industrial) (hereinafter “Premises A‘): and b. Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base. No. 6 Southside Quarter, St. Thomas. U, S. Virgin Islands, consisting approximately 39,756 U.S. sq. ft. or 0.91 U. S. acre of improved land, which is zoned “W-2” for (Waterfront Commercial-Industrial) (hereinafter “Premises B’). Collectively, “Premises A” and “Premises B” shall be referred to as “Premises.” The Premises will be used for bulk storage, establishing a slate of subtenants on the Premises, parking, and other permitted purposes. The use of the Premises is contingent on the Lessee obtaining and maintaining the required permits, licenses, and any required rezoning of the Premises for lawful operations, as outlined in Paragraph 10.17 of the proposed Multi-Year Lease. The GVI acquired Submarine Base, the former naval station from the United States of America, by Quitclaim Deed dated February 9, 1967. The original deed contains a boundary description to delineate the entire area of the transferred former naval station. At the time of GVI’s acquisition of the Submarine Base, there were no subdivisions of the parcels as they exist today. Therefore, Parcel Nos. 12, 12A (Crown Bay Fill), and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, Virgin Islands, are not shown in the original vesting document. Subsequent to gaining ownership, GVI surveyed and subdivided the Submarine Base, which created various parcels. Additionally, under Section 3(a) of Act No. 2375, dated December 24, 1968 (enclosed), which created the Virgin Islands Port Authority (“VIPA”), the title to the Submarine Base was transferred to VIPA. Thereafter, in accordance with Sections 9 and 11 of Act No. 3057 (enclosed), approved May 28, 1971, title to all property vested in VIPA per Act No. 2375 that was a facility related to airport or marine terminals, was retransferred to the GVI effective July 1, 1971. As such, Parcel Nos. 12, 12A (Crown Bay Fill), and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, Virgin Hand Delivered Transmuttal Letter to Governor Albert Bryan Jr. dated June 17, 2025 RE: Multi-Year Lease Agreement between the Government of the Virgin Islands acting through the Department of Property and Procurement and Submarine Base Warchouse, LLC. Leased Premises: Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill}, No. 6 Southside Quarter. St. Thomas. U. S. Virgin Islands, consisting of a combined 20,423 U.S. sq. ft. or 0.469 U.S. acre of land more-or-less: and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, U. S. Virgin Islands, consisting of approximately 39,756 U.S. sq. ft. or 0.91 U.S. acre of improved land. ALGO. File No. Ke? bH202 Page |3 Islands, were not a part of nor related to the airport or marine facilities, they were transferred back to the GVI under Act No, 3057! The term of this revised resubmitted Multi-Year Lease is for thirty (30) years with a renewal option of three (3) additional ten (10) year terms and requires the approval of the Legislaturen of the Virgin Islands. in accordance with 31 V.LC § 205(c). The term commences on the first (Ist) day of the month following the approval of the Legislature of the Virgin Islands, The annual rent for the proposed Multi-Year Lease for use of the above-referenced pareels ts TWELVE THOUSAND DOLLARS and ZERO CENTS ($12,000.00). payable in equal monthly installments of One Thousand Dollars and Zero Cents ($1000.00), during the Term of the proposed Multi-Year Lease. Lessee shall also be required to pay Construction Period Rent in the amount of Five Hundred Dollars and Zero Cents ($500.00) per month for months thirteen (13) through thirty-six (36) of this Lease. The terms concerning the Construction Period Rent are detailed in Paragraph 3.02 of this Lease. Additionally, since the intended use of the Premises includes subleasing, the Lease provides for the collection of thirty percent (30%) of the actual subleasing rent Lessee collects as additional rent, as outlined in Paragraph 9.05 of this Lease. Furthermore, the rent payable under the proposed Lease shall be adjusted after the Initial Term, and every year thereafter, including any Renewal Term, in accordance with the increase of the Consumer Price Index (“CPI”), however, no adjustment in rent for any year shall be increased more than three percent (3%) over any preceding year. Details concerning readjustment of rent can be found in Paragraph 3.04 of this Lease. Also, as stated in Paragraph 4.01 of this Lease, and further explained in the Transmittal Letter from DPP dated June 12, 2025, the Lessee shall provide at its own cost and expense improvements at an estimated cost of Two Million Dollars and Zero Cents ($2,000,000.00), including clearing the Premises of debris from all Parcels, repairing or demolishing of existing structure on Parcel No. 145, designing and building an additional warehouse on Parcel Nos. 12, 12A, and 145, repair and/or erect security fencing as needed on all of the Parcels, and paving parking areas on all of the Parcels. The statutory provisions in 31 V.I.C. § 205, which govern the disposition of Government property, do not require three (3) appraisals as part of the process for leasing or selling said property. Only ' Please refer to OLG File No. D9-9640-T022, DPNR File No, D9-4863-T90, and PWD No. D9-8146-T008, which are included in the submission package, for the location of Parcel Nos. 12, 12A (Crown Bay Fill), and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, Virgin Islands. Hand Delivered Transmittal Leiter to Governor Albert Bryan jr. dated Junc 17, 2025 RE: Multi-Year Lease Agreement between the Government of the Virgin Islands acting through the Department of Property and Procurement and Submarine Base Warehouse, LLC. Leased Premises: Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, St. Thomas. ‘U. S. Virgin Islands, consisting of a combined 20,423 U.S. sq. ft. or 0.469 U.S. acre of land more-or-less: and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base. No. 6 Southside Quarter, St. Thomas, U. S. Virgin Islands, consisting of approximately 39.756 U.S. sq. fi. or 0.91 U.S. acre of improved land. A.G.O. File No. Re2 £0202 Page | 4 31 VAC. § 231(a), which governs the acquisition of property by sale or exchange. requires that the Government obtain three (3) appraisals during that process. DPP determined that it is in the best interest of the Government that the negotiated lease rate be binding on the parties for the Lease. In support of the proposed revised Multi-Year Lease. please find the enclosed supporting documents: 1} Transmittal Letter from DPP dated June 12, 2025: 2) Proposed Revised Multi-Year Lease Agreement: 3) Exhibit “A” (OLG File No. D9-9640-T022); 4) Exhibit “B” (DPNR File No. D9-4863-T90); 5) Exhibit “C* (PWD No. D9-8146-T008); 6) DPNR Zoning Certification dated June 9, 2025: 7) “Supporting Business Documents:” Virgin Islands Business License (expiration date April 30, 2026); Articles of Organization filed December 15, 2021; Corporate Resolution dated May 9, 2022; Virgin Islands Certification of Good Standing (expiration date June 30, 2025); . Certificate of Liability Insurance with Endorsement (expiration date March 19, 2026); 8) “Proof of Ownership:” a. Act No. 3057; b. Act No. 2375; Cc. Quitclaim Deed dated February 9, 1967. pangs Thank you for considering this matter. The Revised Multi-Year Lease and supporting documents have been reviewed and approved for legal sufficiency. If you have questions, don’t hesitate to contact Assistant Attorney General Lauren Boudreaux, Esq., or me at 774-5666. * The updated Certificate of Good Standing will be supplemented once the new cycle begins on July 1, 2025. Hand Delivered Transmittal Letter to Governor Albert Bryan Jr. dated June £7, 2025 RE: Multi-Year Lease Agreement between the Government of the Virgin tslands acting through the Department of Property and Procurement and Submarine Base Warehouse, LLC, Leased Premises: Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill). No. 6 Southside Quarter, St. Thomas. U. S. Virgin Islands. consisting of a combined 20,423 U.S. sq. ft. or 0.469 U.S. acre of land more-or-less: and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base. No. 6 Southside Quarter, St. Thomas. U. S. Virgin Islands, consisting of approximately 39,756 U.S. sq. ft. or 0.91 U. S. acre of improved land. V.G.O. File No. Ke2 bg09 Page [5 Enclosures: Proposed Revised Multi-Year Lease and Supporting Documents ce: — Lisa Alejandro. Commissioner Virgin Islands Department of Property and Procurement Gordan C. Rhea, Esq.. Attorney General Virgin Islands Department of Justice GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Department of Property and Procurement | 8201 Sub Base, 3rd Floor, St. Thomas, U.S. Virgin Islands 00802 3274 Estate Richmond, Christtansted, U.S. Virgin Islands 00820 St. Thomas: | St. Croix: Main Office: (340) 774-0828 Main Office: (340) 773-1561 Fax: (340) 777-9587 www.dpp.vl.gov June 12, 2025 Via Hand Delivery Honorable Albert Bryan Jr. Governor of the Virgin Islands Government House 21-22 Kongens Gade St. Thomas, U.S. Virgin Islands 00802 Thru: Gordon C. Rhea, Esq. Attorney General VI Department of Justice Attn: Richard T. Evangelista, Esq. Chief Legal Counsel to the Governor RE: JUSTIFICATION FOR MULTI-YEAR LEASE - By and Between the Government of the U.S. Virgin Islands and Submarine Base Warehouse, LLC. Dear Governor Bryan: The Government of the U.S. Virgin Islands (“GVI”) acting through its Department of Property and Procurement (“DPP”’) will enter into a Lease Agreement with Submarine Base Warehouse, LLC for: a) Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, St. Thomas, United States Virgin Islands, consisting of a combined 20,423 U.S. sq. ft. or 0.469 U.S. acre of land more-or-less (hereinafter the Premises “A”); and b) Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, U.S. Virgin Islands, consisting of 39,756 U.S. sq. ft. or 0.91 U.S. acre of improved land more-or-less (hereinafter the Premises “B”). Collectively, Premises A and B shall be referred to as “Premises.” The properties will be used for bulk storage, establishing a slate of subtenants on the Premises, parking, and other permitted purposes. Pursuant to 31 V.I.C. § 205 (b), DPP is requesting further processing through your office. The term of this Lease Agreement for this current tenant is for thirty (30) years with a renewal option of three (3) additional ten (10) year terms and requires approval of the Legislature of the Virgin Islands, in accordance with 31 V.I.C § 205 (c). The term commences on the first (1*') day of the month following the approval of the Legislature of the Virgin Islands. The annual rent for the above-referenced parcels will be Twelve Thousand Dollars and Zero Cents ($12,000.00) payable in equal monthly installments of One Thousand Dollars and Zero Cents ($1,000.00) during the term of this Lease. Department of Property and Procurement Lessee shall be required to pay Five Hundred Dollars and Zero Cents ($500.00) per month, for months thirteen (13) through thirty-six (36) of this Lease. In addition, since the intended use of the property includes subleasing, the Lease provides for the collection of thirty percent (30%) of the actual subleasing rent Lessee collects as additional! rent. The rent payable under this Lease shall be adjusted after the Initial Term, and every year thereafter, including any Renewal Term, in accordance with the increase of the Consumer Price Index (“CPI’’). Considering that the subleasing percentage is based on legislative act, the Lease includes a negotiated provision for a reduction in the subleasing fee in accordance with any reductions the Legislature may make in the future. Lessee shall provide improvements at an estimated cost of Two Million Dollars and Zero Cents ($2,000,000.00) which are proposed as clearing premises of debris from all parcels, repairing or demolishing of existing structure on Parcel No. 145, then designing and building an additional warehouse on Parcels Nos. 12, 12A and 145, repair and or erect security fencing as needed on all parcels, and pave parking area on all parcels. The statutory provisions in 31 V.I.C. § 205, which govern the disposition of GVI property, do not require three (3) appraisals as part of the process for leasing or selling GV1 property. Only 31 V.I.C. § 231a, which governs the acquisition of property by sale or exchange, requires that the GVI obtain three (3) appraisals during that process. DPP has determined that it is in the best interest of the GVI, that the negotiated lease rate will be binding on parties for the Lease term. The GVI acquired Submarine Base, the former naval station from the United States of America by Quitclaim Deed dated February 9, 1967. The original deed contains a boundary description to delineate the entire area of the former naval station which was transferred. At the time of GVI’s acquisition of the Submarine Base, there were no subdivisions of the parcels as they exist today. Therefore, Parcel Nos. 12, 12A (Crown Bay Fill), and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, Virgin Islands, are not shown in the original vesting document. Subsequent, to gaining ownership, GV] surveyed and subdivided the Submarine Base, which created various parcels'. Therefore, since Parcel Nos. 12, 12A (Crown Bay Fill), and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, Virgin Islands were not a part of nor related to the airport or marine facilities, they were transferred back to the GVI pursuant to Act No. 3057. Please refer to OLG File No. D9-9640-T022, DPNR File No. D9-4863-T90, and PWD No. D9-8146-T008, for the location of Parcel Nos. 12, 12A (Crown Bay Fill), and Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter, St. Thomas, U.S. Virgin Islands, which are included in the submission package. Please find the following documents enclosed to facilitate the processing of this Lease: 1) Lease Agreement’; ' Additionally, in accordance with Section 3(a) of Act No. 2375, dated December 24, 1968 (enclosed), which created the Virgin Islands Port Authority (“VIPA”), the title to the Submarine Base was transferred to VIPA. Subsequently, in accordance with Sections 9 and 11 of Act No. 3057 (enclosed), approved May 28, 1971, title to all property which vested in VIPA per Act No. 2375 that were not facilities related to airport and marine terminals, were retransferred to the GVI, effective July 1, 1971. 2 A multi-year lease was submitted to Virgin Islands Legislature (Bill No. 35-0414) which died in Committee and thus was sent back to DPP. Therefore, this is the second (2™) time this one-year Lease is being processed. Additionally, DPP has revised the Premises being leased by the Tenant and inserted Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base in place of Parcel Nos. 24 and 25 Submarine Base. Multi-Year Lease Submarine Base Warehouse, LLC June 12, 2025 Department of Property and Procurement 2) Exhibit “A” (OLG File No. D9-9640-T022); 3) Exhibit “B” (DPNR File No. D9-4863-T90); 4) Exhibit “C” (PWD No. D9-8146-T008); 5) DPNR Zoning Certification (dated 6/9/2025); 6) Business License (expires 4/30/2026); 7) Articles of Organization; 8) Corporate Resolution; 9) Certificate of Good Standing (expires 6/30/2025);? 10) Certificate of Liability Insurance (with endorsement) (expires 3/19/2026); and 11) GVI Proof of Ownership: a. Act 2375; b. Act 3057; and c. Quitclaim Deed. Thank you for your immediate consideration of this matter. If you have any questions or concerns, please feel free to contact Assistant Commissioner, Vincent Richards via email at vincent.richards@dpp.vi.gov (340) 774-0828 Ext: 4329 or Magdalene A. Morancie, Esq., Chief Legal Counsel via email at magdalene.morancie@dpp.vi.gov (340) 774-0828 Ext: 4302. Respectfully, Parte M. EE Commissioner LMAAvr Encls. ce: Vincent Richards, Assistant Commissioner — DPP Magdalene A. Morancie, Esq., Chief Legal Counsel — DPP File 3 The updated Certificate of Good Standing will be supplemented once the new cycle begins on July 1, 2025. Multi-Year Lease Submarine Base Warehouse, LLC June 12, 2025 LEASE AGREEMENT LEASE AGREEMENT GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT SUBMARINE BASE WAREHOUSE, LLC PREMISES: a. Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, St. Thomas, U.S. Virgin Islands, consisting of a combined 20,423 US. sq. ft. or 0.469 U.S. acre of land more- or-less; and b. Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 South Side Quarter, St. Thomas, U.S. Virgin Islands, consisting of 39,756 U.S. sq. ft. or 0.91 U.S. acres or of improved land more-or-less. Article I 1.01 1.02 Article II 2.01 2.02 2.03 2.04 Article III 3.01 3.02 3.03 3.04 3.05 Article IV 4.01 4.02 4.03 4.04 4.05 4.06 4.07 Article V 5.01 Article VI 6.01 6.02 6.03 6.04 6.05 Article VII 7.01 7.02 Article VIII 8.01 8.02 Options........ aneeeee Porrrr err eters) TABLE OF CONTENTS COMM OREO OOOO TOO TE OTE EOOOEHHEO ESSE SEEEE SETS OOENE FHA OREEHSP EOE DEORE ODESEHEHUE OT SODHOLOOPHOFOORED OOOO OO HOO OOOH OO TE EEO EOO EE HEEO SESE SETFOOHEFESEFHE FER FESEREEOROESDEEHEODTEEEEHUS OO HOOSOFOOPHOROTEED PARR Aer A Ee RO RAO HOO HO MHA EHE PEEP OEPOPHAROEPEOH SHOES DESDE SH SEHSEESEEESHSOSESOSOOE RETESET EO SESS DOR OSES POR ere eee ede e reer e eRe EERE READER SESE OES ESTO OT EHO SOOES ESTES OOS ER ESP RESHSRESSDEDESEEOTSSHSEOS OSES Failure to Give POSSESSION ..........:.:ccssecscesseccsesscsvereccessseceossscesessvssscscceeevscsasseens 1s Co) (obs 0124 ©) ee Annual Rent Oa era eee RC eR ESR OO REEDED EEO EODEDDE DEDEDE DE REE HES EE DTOOOS OOD OOFOOORSEF OPE ESS ESE OF SORSOESOEE EONS Construction Period Rent..........ccccscccssssseensecsssesceesecsenerssensrssesccessesceasesseasonseeseness Additional Rent .........cccccsssssssecsececcecescceesesecssseesasesessessereceeesensesscanssssesoessasones Readjustment of Annual Rent .............c:cccscscssccssceseessecnessersceseccesscenererserscsesasonees Late Payment Charges...........:ccccccssscssessssssssessscssesssscsscesasonsensecceseceesrersesessonsssnees IMPrOVEMENLS..............sescesecsseceencereesenesseeseeeeessessessesosesessesssccsscesseceusrerseseessnssseees Title to Improvements ...............ccccccssessceeseeeseessceesrserseseasessvecsessssacessensessenscenenees Location and Improvement...........cccscsscssesessenserecsscsersersersessseessssseseenseessersesseens Real Property Tax... cccccsscsssssssessscssssescesesseseoesresesereesserscssasessssssssossssesnsonssess Repairs by Lessee.........ccssssssscssscsecssceecencesnsencsscesssecersesserscssavensscesssossssseesseesess Failure of Lessee to Repair..........cccccccesccsesececssesesscsencesttscrscesescnreceevessessenseseesnes Excavation and Sorting 20.0.0... eccccesesessesseceessecsceeersesseseescssonsessensscnsrerscsesracseseese Mechanic’s Li |CHANIC’S LICN............c.ccsccccnsssseececcecenrssssscsccectareveccesecceseesecceseesenseesescenscenesers Liability Imsurance..............ccecccccsssesseescceecescenconecnsescenseseessessooetesesenensesesenessess Indemnity .... FOOECO HHO H OOH O HOSE EEE SESE EOEE OE EE EOE EEE OOOO OD ERE RED EERAEOESEEETT DEH SUTSOSEEHHESESE ESOT HREOD ED EOES IN oni—-JEtabyil ity Senet nee nrac rte, settran ttc ceerte enw netce tt astteratnts ies seberectesststenerectoonseess Fire and Extended Coverage by Lessee .............csccssscsesssssssscssrserrsssensecenseneeesees Environmental Limitation of Liability and Indemnity... sssessscsssssssssessesceeeeceseeees ACCESS tO PFEMISES .......ceccccscsecrcesctestecscenseseseessseseevencenssecsseconssesresseeeraceessnensees Easement for Pipes and Water Storage Tank Facility 0.0.0.0... seecerereeseeneees Notice of Condemnation ...........cccsccccsccescssseresneceeceesseenseseessersesssessnsenerscevensens Rights of Lessor and Lessee..........csssssscssesscscessesseesensscesceeeecesesesessecesaeseserensees 8.03 8.04 8.05 Article [X 9.01 9.02 9.03 9.04 9.05 Article X 10.01 10.02 10.03 10.04 10.05 10.06 10.07 10.08 10.09 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 TABLE OF CONTENTS (CONT’D) Taking of Leasehold... ccccccesccceseseesessseessscasecssccssesscesensacsncesseenesennenssennenseees 9 Joe 01 1 ep PEERS B Pe SEE Ese SS BEBBBPY PRY Coron ea ee 9 eset aT ca Kah eee gee nner cece 9 Camcel lation trcrsceertrecetevesrereecaascentenecMrseececsccecarsestvereversessetasseszecssssescesesersy7vavecvee 9 TOrmMinatin ............ccssssscassssscsscccssesscossssessonssensoossscccsasscccsassocceseroeserseenscsssoerenees 10 Repossessing and Re-letting............csssssseccsseseesscesessssseseeceeeeesenesesensansecneneens 10 Assignment and Transfer ...............ssssecsesessccsecseseeessevsnseneesesesecenssnnensatenuenseenees 10 Subleasing .................sccsccssossscsrssessersersorsersssessoossscssssecsecsecsorssrronsverssccenseneeeeseees 11 Notices. .............2.cs2sseseocossrnsscecsssnereersnereerssseesseasccscoceasceceaccsasossonsnanconscneanscssooneees 11 Non-discrimination ..........cscsssessessscssccssssaseseesnsessceeressseseeeseeesnseseesareeaecrennenteeees 11 Officials not to Benefit... cccccccccseeeeeseeseeseseaseaseceecseecccrereseesesseesesseeessees 11 Agreement made in the Virgin Islamds.............sccssssscsessesseesecsecsseeeeeneeserserereenes 12 Counterparts ........cccscsccssccscsccscsscscsssssssssssssessecssconensessseoesonsonsssssassansanssassnssesenans 12 Cumulative Rights and Remedies ...........sssccsscsssserscsssscnsssssscsseeesseenesseesseeenees 12 Interpretation ...........csesssssssessssscsscseccsenssossesssossoscceossacensersocsscsessessossersccasecseeeseses 12 Agreement made in Writing... cesesessseseeseesssssesessesesreseensseeseeneaerecenecatensneenes 12 Paragraph Headings...........0sccsconsssscssscsscrrecscceccsosecescseccessssossssscenserssenessscssassasans 12 Invalidity of IHegality Of Provisions ...........csccseessssssectsesetsetseesensersersnserenesneenees 12 SUCCESSOFS AMGASSIOMS sec scscceesescececs ete evesssasecdesreccecvececusseuccesnversarevertvedeuenseetiatze 12 |B 150) dj Se ITE CE EEE Te eee ee 12 Approvals Required ............cscssssscorssssssssscsssscernssscscnsescrsscsscnecencensesssonseeneosonsoaes 12 Entire Agreement.............:ccscssesssssesssssesssnssssccsesseccrsssnscsessceneensesensecensesaennenneanes 12 Conflict of Interest 00... cccsccssessssssscescceccseseceeseensessessessesccsessessesersesseersersesseesenes 12 Rights of Holder of the Leasehold Mortgage........cscssssssccrsssssscssersesseseseetes 13 Compliance with Laws ........:csssssscesceecesseesseeeacessssscssesssseseeessececsceeeseneeaseaesasass 13 WAIVET ....eeeeeeesesceessseseesescescescecececscesceecessensecseeeseesessesssussasssnccassececeeenseeseateatentens 14 Enforcement of Lease Terms .............ccscssssscesseecrecsessneenssesesesseseeereececseneennenanes 14 Acknowledgement...........sccscossvessescsrscecscccscsescseressscssscocssscceereensesenssssonsesaeses 15 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI Page | LEASE AGREEMENT THIS LEASE made this_ dayof__————,20._— by and between the GOVERNMENT OF THE VIRGIN ISLANDS, acting through its Commissioner of the Department of Property and Procurement, hereinafter (“Lessor or ‘“Government”) and SUBMARINE BASE WAREHOUSE, LLC, whose mailing address is 9053 Estate Thomas, Suite 101, St. Thomas, U.S. Virgin Islands 00802, hereinafter (“Lessee”). WITNESSETH: In consideration of the mutual covenants and agreements herein set forth it is hereby agreed: ARTICLE I PREMISES AND USE 1.01 Premises: The Lessor hereby leases to the Lessee and the Lessee hires and takes from the Lessor the following Premises, to wit: a) Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, St. Thomas, United States Virgin Islands, consisting of a combined 20,423 U.S. sq. ft. or 0.469 U.S. acre of land more-or-less, which is zoned “W-2” for (Waterfront Commercial- Industrial) (hereinafter the “Premises A”). The aforesaid Premises is shown on OLG File No. D9-9640-T022 and DPNR File No. D9-4863-T90, copies of which are attached and made a part hereof as Exhibits “A” and “B” respectively; and b) Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 South Side Quarter, St. Thomas, U.S. Virgin Islands, consisting of 39,756 U.S. sq. ft. or 0.91 U.S. acres or of improved land more-or-less, which is zoned “W-2” for (Waterfront Commercial-Industrial) (hereinafter the “Premises B”). The aforesaid Premises is shown on O.L.G. No. D9-8146- T008, a copy of which is attached and made a part hereof as Exhibit “C.” Collectively Premises A and Premises B shall be referred to as Premises. 1.02 Use: The Lessee shall use the hereby Premises for bulk storage, establishing a slate of subtenants on the Premises, parking, and other permitted purposes. Said use is contingent on the Lessee obtaining and maintaining the required permits, licenses, and any required rezoning of the Premises to a zoning designation compatible to the operations within this paragraph, as required in Paragraph 10.17. Lessee’s Initials AA 2.01 2.02 2.03 2.04 3.01 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI ARTICLE II TERM Term: The term of this Lease shall be for a period of thirty (30) years (“Initial Term”) commencing on the first (1*) day of the month following approval by the Legislature of the Virgin Islands (“Commencement Date”). Options: If Lessee is not in default in the performance of any material condition in this Lease at the expiration of the Initial Term, Lessee shall have the option to renew this Lease for three (3) additional terms of ten (10) years each (each a “Renewal Term”) at the rent provided for in Paragraph 3.04 hereof by giving written notice of such renewal at least thirty (30) days prior to the expiration of the Initial Term or the first renewal period. Failure to Give Possession: It shall be Lessor’s sole responsibility to deliver the Premises free and clear of any possession by any third party holding over or wrongfully in possession, and Lessee shall, under no circumstances, have any liability or damage resulting from any occupancy or hold over by any person. Lessor agrees to take all commercially reasonable actions to ensure that the Premises are ready for occupancy and without any prior lessee wrongfully holding over or any other person wrongfully in possession of the Premises. Notwithstanding, the Lessor shall not be liable for failure to give possession of the Premises upon the Commencement Date by reason of the fact that the Premises are not ready for occupancy, or due to prior lessee wrongfully holding over or any other person wrongfully in possession of the Premises; in such event, the rent shall not commence until possession is given or is available, but the term herein granted shall not be extended. Holding Over: If Lessee remains in possession of the Premises after expiration of the term hereof, without Lessor’s express consent and without any distinct agreement between Lessor and Lessee, Lessee shall become a month-to-month Lessee and there shall be no renewal of this Lease by operation of law. During the period of any such holding over, all provisions of this Lease shall be and remain in effect except the rent provisions. The rent during this hold-over period shall be two hundred percent (200%) of the rent payable for the last calendar month of the term of this Lease, including renewals or extensions. The inclusion of the preceding sentence in this Lease shall not be construed as Lessor’s consent for Lessee to hold over. ARTICLE III RENT Annual Rent: The Lessee shall pay to the Lessor an Annual Rent of Twelve Thousand Dollars and Zero Cents ($12,000.00) payable in equal monthly installments of One Thousand Dollars and Zero Cents ($1,000.00) for each calendar month during the term of this Lease (the “Annual Rent”). Notwithstanding the foregoing, during the first (1") calendar year of the Term, no Annual Rent shall be paid by Lessee, and Construction Period Rent shall begin on the thirteenth (13") calendar month of the Initial Term. Payment of Annual Rent or Construction Period Rent shall be made in equal monthly installments in advance on the first (1) day of every month during the term thereof, without any previous demand by Lessor, provided, however, if Lessee's Initials 4A _ Submarine Base Warehouse, LLC : Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 3.02 3.03 | 3.04 possession of the Premises is granted to the Lessee at a date after the first (1“) of the month, then in such event the rent for such first (1**) month shall be prorated. If any installment of Annual Rent or Construction Period Rent is not received by the tenth (10") day after the day when payment is due it shall bear interest at the rate of ten percent (10%) per month from the date when the same was due per the term of this Lease until paid by Lessee. The Annual Rent or Construction Period Rent shall be paid at Lessor’s office at 8201 Subbase Suite 4, St. Thomas, Virgin Islands 00802, together with any other sum due as additional rent as provided herein. Construction Period Rent: Lessee shall be required to pay reduced rent during the Construction Period of thirty-six (36) months, the Construction Period is hereinafter defined in Paragraph 4.01, and Lessee shall be required to make reduced rent payments as follows: . Lessee shall be required to pay Five Hundred Dollars and Zero Cents ($500.00) per month, for months thirteen (13) through thirty-six (36) of this Lease. The Construction Period Rent will not be available or extended beyond the Construction Period of thirty-six (36) months. Should all of the improvements stated in Paragraph 4.01 be completed prior to the time allotted for the Construction Period, the Annual Rent in Paragraph 3.01 will commence. Additional Rent: In addition to the Annual Rent described above, Lessee shall pay Lessor on or before the fifteenth (15") calendar day of each succeeding calendar month, an amount equal to thirty percent (30%) of all Base Rent (as defined in each subtenant’s lease agreement) actually collected from all subtenants on the Premises. Notwithstanding the foregoing, and in recognition of the significant capital investment in the Premises that will vest with Lessor at the termination of this Lease, no Additional Rent shall apply to any revenues collected on any portion of the Premises’ income that results from the improvements made by Lessee. Readjustment of Annual Rent: The Annual Rent payable under this Lease shall be adjusted after the Initial Term, and every year thereafter, including any renewal term, in accordance with the increase of the Consumer Price Index (“CPI”) as established by the U.S. Department of Labor, Bureau of Labor Statistics for “All Items, All Urban Consumers (1967-100%)” as follows, provided, however, no adjustments in rent for any year shall be increased more than three percent (3%) over any preceding year period. i. The CPI as of the final month of the Initial Term and as of the first (1°) month of each subsequent Lease year shall be the base price index and the CPI as of the month immediately preceding the first (1) month of any Lease year after the first (1°) Lease year of the Initial Term shall be the current price index. ii. The current price index shall be divided by the base price index and the quotient thereof shall be multiplied by the annual rent of the prior year. Lessee’s Initials CY, cee 3.05 4.01 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI iii. | The resulting product shall be the annual base rent for the current year. iv. At the end of the Initial Term and every year thereafter of this Lease, the base rent shall be adjusted in the same manner, using the index for the month preceding the first (1") month of each Lease year of the Lease Term for the current price index. In no event shall any rent determined in the above manner be reduced below the annual rent of Twelve Thousand Dollars and Zero Cents ($12,000.00). Late Payment Charges: Lessee acknowledges that late payment by Lessee to Government of rent and all other charges provided for under this Lease will cause Government to incur costs not contemplated by this Lease, the exact amount of such costs includes without limitation, processing, and accounting charges. Therefore, if any installment of rent or any other charge due from Lessee is not received by Government within ten (10) days of the due date, Lessee shall pay to Government an additional ten percent (10%) of the amount owed for monthly rent or any other charges, including but not limited to repair costs and attorney’s fees, as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that the Government will incur by reason of the {ate payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee’s default with respect to the overdue amount, nor prevent Government from exercising any of the other rights and remedies available to Government. ARTICLE IV IMPROVEMENTS Improvements: As a part of the consideration for this agreement, the Lessee shall provide at its own cost and expense the following improvements (“Improvements”) owned by the Lessee at an estimated cost of Two Million Dollars and Zero Cents ($2,000,000.00) which is subject to the prior written consent obtained in each and every case from the Commissioner of the Department of Property and Procurement; in addition to whatever other licenses or permits are deemed necessary. Improvements to be made to the Premises are as follows: LIST OF IMPROVEMENTS Demolish and or repair Derelict Structures; Clear Premises of Debris; Design and Build additional Warehouse; Repair and or Erect Security Fencing as needed; and Pave Parking Area. oll aos had ad bo The improvements shall be completed no later than thirty-six (36) months of the Commencement Date of this Lease (“Construction Period”). Lessee's Initials Aly 4.02 4.03 4.04 4.05 Submarine Base Warehouse, LLC ' , Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI Lessee agrees to keep the said Premises and appurtenances as repaired, in a clean, sightly, and tenantable condition, and to return said Premises to Lessor upon the expiration or other termination of this Lease, in as good condition as it was since the last repairs were made, less reasonable wear and tear from intervening use. Title to Improvements: At the conclusion of this Lease or if renewed, any renewal, title to any structure or improvement by Lessee which is attached to the realty shall vest in the Lessor. Furniture or other personal items, if not removed from the Premises prior to termination shall become the property of the Lessor. Location and Improvements: The above-mentioned improvements will be located at (a) Parcel Nos. 12 and 12A Submarine Base (Crown Bay Fill), No. 6 Southside Quarter, and (b) Parcel No. 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 South Side Quarter, St. Thomas, U.S. Virgin Islands. Real Property Tax: Upon the completion of any improvements constructed on the Premises, Lessee shall notify Lessor who shall notify the Tax Assessor for the purpose of making an assessment of the value of the improvements. Lessee hereby agrees to pay, any and all taxes, assessments, and other charges of any description levied or assessed during the term of this Lease by the Office of the Lieutenant Governor, Tax Assessor on or against any improvements constructed by Lessee or other equipment or fixtures installed by Lessee on the Premises. Assessments shall only apply to those improvements owned by Lessee during the term of this Lease. Nothing in this paragraph shall be deemed to make Lessee responsible for any property taxes, assessments, or other charges of any description levied or assessed prior to the term of this Lease by the Tax Assessor or any other government entity. Lessor shall indemnify and hold Lessee harmless to the fullest extent of the law for any losses, costs, or expenses incurred as a result of any property taxes, assessments, or other charges of any description levied or assessed prior to the term of this Lease by the Tax Assessor or any other government entity. Lessor understands and agrees that Lessee, in the course of its business, will be applying for commercial financing which may require a property tax clearance letter from the Lt. Governor’s Office of the U.S. Virgin Islands. In the event that such property tax clearance letter is required, Lessor agrees that it will have any outstanding property taxes due on the Premises or its improvements prior to the effective date of this Lease paid in full and will facilitate the issuance of a property tax clearance letter from the Lt. Governor’s Office with reasonable diligence. Repairs by Lessee: Lessee shall at its own cost and expense, make all repairs, structural or otherwise to the interior and exterior of said Premises. “Repairs,” as used herein shall mean all repairs, replacements, renewals, alterations, additions, improvements, and betterment. The provisions of this Paragraph shall not apply in the case of damage or destruction by fire or other insured casualty or by eminent domain, in which event the obligations of the Lessor and Lessee shall be controlled as hereinafter provided. Lessee's Initials Lr 4.06 4.07 5.01 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill} Submarine Base, No. 6 Southside Quarter St. Thomas, USVI Failure of Lessee to Repair: In the event the Lessee, after it shall have been given a ninety (90) day notice (except in a case of emergency in which event reasonable notice under the circumstances shall be sufficient), refuses and neglects to make any repair for which it is responsible, or if repair is necessitated by reason of the Lessee’s negligent acts or omissions, then the Lessor may make such repairs. Lessor shall not be responsible for any loss, inconvenience, or damage resulting to Lessee because of Lessor’s repair. The cost of such repairs by the Lessor, together with interest at the rate provided in Paragraph 3.05 shall be paid by the Lessee as additional rent. Excavation and Sorting: If any excavation shall be made or contemplated to be made for building or other purposes upon property or streets adjacent to or nearby the Premises, Lessee either: a. shall afford to the person or persons causing or authorized to cause such excavation the right to enter upon the Premises for the purpose of doing such work as such person or persons shall consider to be necessary to preserve any of the walls or structures of the improvements on the Premises from injury or damage and support the same by proper foundation, or b. shall, at the expense of the person or persons causing or authorized to cause such excavation, do or cause to be done all such work as may be necessary to preserve any of the walls or structures of the improvements on the Premises from injury or damages and to support the same by proper foundations. Lessee shall not by reason of any such excavation or work, have any claim against Lessor for damages or indemnity or for suspension, diminution, or abatement of rent under this Lease. ARTICLE V MECHANIC’S LIEN Mechanic’s Lien: Nothing contained in this Lease shall be deemed, construed, or interpreted to imply any consent or agreement on the part of Lessor to subject Lessor’s interest or estate to any liability under any mechanic’s lien. Should any notice of intention to file a lien under Title 28, Chapter 12 of the Virgin Islands Code or any mechanics or other lien be filed against the property of the Lessor, for any work, labor, services, or materials performed at or furnished to the Premises for or on behalf of the Lessee or anyone holding any part of the Premises through or under Lessee, Lessee shall cause the same to be canceled and discharged of record by payment, bond or order of a court of competent jurisdiction within thirty (30) days after notice by Lessor to Lessee. If Lessee fails to discharge said lien then the Lessee shall forthwith reimburse the Lessor the total expenses incurred by the Lessor in discharging the said lien, as additional rent hereunder. Lessee's Initials Arh 6.01 6.02 6.03 6.04 6.05 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI ARTICLE VI INSURANCE AND INDEMNITY Liability Insurance: Lessee shall, during the term thereof, keep in full force and effect a policy of public liability and property damage insurance in which the limits of public liability shall be no less than One Million Dollars ($1,000,000.00) property damage, One Million Dollars ($1,000,000.00) for one person injured or killed and One Million Dollars ($1,000,000.00) for any number of persons injured or killed in any one accident. All of said insurance shall be in a form satisfactory to Lessor and shall provide that it shall not be subject to cancellation, termination, or change, except after thirty (30) days prior written notice to Lessor, Lessee shall furnish Lessor, or Lessor’s designee, with a certificate of insurance evidencing the coverage required hereunder on the day Lessee commences occupancy or work in or about the premises herein leased. All such policies shall name the Lessor as additional insured for the full insured amount, Indemnity: Lessee agrees to indemnify and hold Lessor harmless from and against any and all claims and demands (unless resulting from the negligence of the Lessor, its agents, contractors, servants, or employees) for or in connection with, any accident, injury or damage whatsoever caused to any person or property arising, directly or indirectly, out of the business conducted on the Premises leased herein or occurring in, on or about said Premises under the control of the Lessee or arising directly or indirectly, from any act or omission of Lessee or subtenant or their respective servants, agents, employees, or contractors, and from and against any and all costs, expenses, and liabilities incurred in connection with any such claim or proceeding brought thereon. Non-Liability: Lessor shall not be responsible or liable to Lessee for any loss or damage that may be occasioned by the acts or omissions of persons occupying any property adjacent to or adjoining the Premises, or any part thereof, or for any loss or damage resulting to Lessee or its Premises from water, gas, steam, fire, or the bursting, stoppage, or leaking of pipes, provided such loss or damage is not occasioned by the negligence of Lessor or its agents, contractors, or employees. Fire and Extended Coverage by Lessee: Lessee shall keep all buildings on the Premises insured against loss or damage by fire, windstorm if available, and earthquake with the usual extended coverage endorsements, in amounts not less than eighty percent (80%) of the full insurable value thereof, above foundation walls. A copy of all insurance policies shall be delivered to the Lessor within twenty (20) days of the Commencement Date of this Lease or within twenty (20) days of the Lessee’s receipt of its Occupancy Certificates for the Premises. All policies shall name the Lessor as the loss payee. Environmental Limitation of Liability and Indemnity: Under no circumstances shall Lessee be held responsible for any hazardous materials or contamination that existed on the Premises prior to Lessee’s occupancy or which are caused by the negligence of Lessor or its employees, agents, or contractors. Lessor shall indemnify, defend, and hold Lessee harmless to the fullest extent Lessee's Initials 7m 7.01 7.02 8.01 8.02 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI of the law from and against all damages, claims, causes of actions, fines, penalties, including without limitation costs of remediation, which result from hazardous materials or contamination of any kind which existed on the Premises prior to Lessee’s occupancy or which are caused by the negligence of Lessor or its employees, agents, or contractors. The indemnification obligations of Lessor created by this section shall survive the expiration or termination of the Term or any Option Term herein. ARTICLE VII ENTRY BY LESSOR Access to Premises: Lessor or Lessor’s agents shall have the right to enter upon the Premises at all reasonable times to examine the same and to show them to prospective purchasers, lenders, or lessees with (24) twenty-four hours advance notice. Easement for Pipes and Water Storage Tank Facility: Lessee shall permit Lessor or its designees to erect, use, maintain, and repair pipes, water storage tank facility, cables, and wires, on or through the Premises as and to the extent that Lessor may or hereafter deem to be necessary or appropriate. All such work shall be done, so far as practicable, in such manner as to avoid interference with Lessee’s use of the Premises. ARTICLE Vill CONDEMNATION Notice of Condemnation: The party receiving any notice of the kind specified below which involves the Premises shall promptly give the other party notice of the receipt, contents, and date of the notice received, which shall include: a. Notice of Intent and Taking. b. Service of any legal process relating to condemnation of the Premises for improvements. c. Notice in connection with any proceedings or negotiations with respect to such a condemnation. Rights of Lessor and Lessee: Lessor and Lessee shall each have the right to represent its respective interest in each proceeding or negotiation with respect to a taking or intended taking and to make full proof of its claims. No agreement, settlement, sale, or transfer to or with the condemning authority shall be made without the consent of both parties. Lessor and Lessee each agree to execute and deliver to the other any instrument that may be required by the provisions of this Lease relating to the condemnation. Lessee's initials Lg 8.03 8.04 8.05 9.01 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill} Submarine Base, No. 6 Southside Quarter St. Thomas, USVI Taking of Leasehold: Upon the total taking, Lessee’s obligation to pay rent and other charges hereunder shail terminate on the date of taking, or possession is given, whichever is earlier, but Lessee’s interest in the leasehold shall continue until the taking is completed by deed, contract, or final order of condemnation. Total Taking: Upon a total taking, all sums including damages and interest awarded for the fee, leasehold, or both shall be distributed and disbursed as Lessor and Lessee may agree, or in the absence thereof, in accordance with the laws of the Virgin Islands. Partial Taking: Upon a partial taking, all sums including damages and interest awarded for the fee, leasehold, or both shall be distributed and disbursed to Lessor and Lessee as they may agree or, in the absence thereof, in accordance with the laws of the Virgin Islands. Upon a partial taking Lessee shall have the option of terminating this Lease upon thirty (30) days’ notice to Lessor. ARTICLE IX CANCELLATION, TERMINATION AND ASSIGNMENT AND TRANSFERS Cancellation: This Lease shall be subject to cancellation by Lessor in the event Lessee shall: A. Be in arrears in the payment of the whole or any part of the amount agreed upon hereunder for a period of ninety (90) days after the Lessor has notified the Lessee in writing that payment was not received when due. B. File in court a petition in bankruptcy or insolvency or for the appointment of a receiver or trustee of all or a portion of Lessee’s property. C. Make any general assignment for the benefit of creditors. D. Abandon the Premises by not occupying the Premises for a period of ninety (90) days without notice to the Lessor and failing to pay rent during that ninety (90) day period. E. Default in performance of any of the covenants and conditions required herein (except rent payments) to be kept and performed by Lessee, and such default continues for a period of forty-five (45) days after receipt of written notice from Lessor to cure such default unless during such forty-five (45) day period, Lessee shall commence and thereafter diligently perform such action as may be reasonably necessary to cure such default. If default by Lessee in the performance of its obligations hereunder is precipitated in whole or in part, by activities for which Lessor is solely responsible, the period herein established to commence a cure for the said default will be extended for a reasonable period to account for the effect of Lessor’s activities. F. Be adjudged bankrupt in involuntary bankruptcy proceedings. Lessee's Initials 1/7 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 9.02 9.03 9.04 G. Be made a party of any receivership proceeding in which a receiver is appointed for the property or affairs of Lessee where such receivership is not vacated within sixty (60) days after the appointment of such receiver. H. Fail to pay the outstanding assessed real property taxes for two (2) years on improvements Lessee constructed upon the Premises. In any of the aforesaid events, Lessor may take immediate possession of the Premises and remove Lessee’s effects, to the extent permitted by law, without being deemed guilty of trespassing. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar or destroy the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms of this Lease. Termination: This Lease shall terminate at the end of the Lease term or last exercised Renewal Term. Repossessing and Re-letting: In the event of default by Lessee hereunder which shall remain uncured after the required notices have been given pursuant to this Lease and for such time as provided herein, Lessor may at once thereafter, or at any time subsequent during the existence of such breach or default: A. Enter, into and upon the Premises or any part thereon and repossess the same, expelling therefrom Lessee and all personal property of Lessee (which property may be removed and stored at the cost of and for the account of Lessee), to the extent permitted by law. B. Either cancel this Lease by notice or without canceling this Lease, re-let the Premises or any part thereof upon such terms and conditions as shall appear advisable to Lessor. If Lessor shall proceed to re-let the Premises during any month or part thereof, at less than the rent due and owing from Lessee during such month or part thereof under the terms of this Lease, Lessee shall pay such deficiency to Lessor upon calculation thereof, provided Lessor has exercised good faith in the terms and conditions of re- letting. Payment of any such deficiencies shall be made monthly within ten (10) days after receipt of the deficiency notice. If any suit or action is brought by Lessor against the Lessee to enforce any of the provisions hereof, the Lessor shall be entitled to collect reasonable costs and attorney’s fees in the action or proceeding. Assignment and Transfer: Lessee wiil not assign or transfer this Lease or any interest therein, without the prior written consent of Lessor which shall not be unreasonably withheld. Any consent of any assignment shall not be deemed consent to any subsequent assignment. Lessee's Initials MY : Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 9.05 Subleasing: Lessor understands and agrees that this is a Master Lease in which Lessee will be subleasing portions of the Premises to sublessees. Lessee may not sublet the Premises in whole or in part without Lessor’s advance written consent, which shall not be unreasonably withheld, delayed, or conditioned. Lessee shall present all subleases to Lessor for its written consent; however, if Lessor fails to disapprove any sublease in writing for five (5) business days, then such sublease shall be deemed consented to by Lessor without Lessor’s written consent. If Lessor disapproves any sublease, Lessor shall advise Lessee with reasonable specificity of the reasonable grounds upon which Lessor is withholding its consent. All current tenants at the Premises shall be deemed consented to by Lessor. Lessor's consent does not release Lessee from any of its obligations under this lease. In the event that the Lessor consents to subleasing of the Premises or any part thereof, the Lessee shall pay to the Lessor an additional amount equal to thirty percent (30%) monthly of such subleasing base rent as additional rent, except for those subtenants, or customers occupying portions of the Premises that were built by Lessee during the term of this Lease. This additional rent shall be due and payable on the next rent day after such subletting rent becomes due from the subtenant. Notwithstanding the foregoing, in the event legislative changes incur that change the amount of monthly percentage of subleasing base rent due, this Lease will be deemed automatically updated to reflect such minimum amount of monthly subleasing base rent due in accordance with such legislative changes, beginning on the first (1) calendar month following such legislative change. ARTICLE X GENERAL TERMS AND CONDITIONS 10.01 Notices: All notices provided to be given under this Lease shall be given by certified or registered mail, return receipt requested, postage fully prepaid, addressed to the proper party at: LESSOR: Department of Property and Procurement 8201 Subbase, Suite 4 St. Thomas, Virgin Islands 00802 LESSEE: Submarine Base Warehouse, LLC c/o Enrique Rodriguez 9053 Estate Thomas, Suite 101 St. Thomas, Virgin Islands 00802 Email: subbasewarehousevi@gmail.com The address of either party may be changed from time to time by giving written notice to that effect. 10.02 Non-discrimination: Lessee in exercising any of the rights or privileges granted by this Lease, shall not, on the grounds of race, color, creed, sex, or national origin discriminate or permit discrimination against any person. 10.03 Officials not to Benefit: No member of the U.S. Congress or the Territorial Legislature, no Lessee's Initials__Z4/7) Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI official or officer of the United States or the Virgin Islands Government, or any of their instrumentalities shall be admitted to any share of this Lease or any benefit of value that may arise therefrom. 10.04 Agreement made in the Virgin Islands: The laws of the U.S. Virgin Islands shall govern the validity, performance, and enforcement of this Lease. 10.05 Counterparts: This document is executed in one part which shall be deemed an original. 10.06 Cumulative Rights and Remedies: All rights and remedies of Lessor here enumerated shall be cumulative, and none shall exclude any other right or remedy allowed by law. Likewise, the exercise by Lessor of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 10.07 Interpretation: Words of gender used in this Lease shall be held to include the singular, plural, and vice versa unless the context otherwise requires. 10.08 Agreement Made in Writing: This Lease contains all agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by agreement in writing signed by the parties hereto or their respective successors in interest. 10.09 Paragraph Headings: The table of contents of this Lease and the captions of the various articles and paragraphs of this Lease are for convenience and ease of reference only and do not affect the scope, content, or intent of this Lease or any part or parts of this Lease. 10.10 Invalidity or Illegality of Provisions: The invalidity or illegality of any provisions shall not affect the remainder of this Lease. 10.11 Successors and Assigns: All terms, provisions, covenants, and conditions of this Lease shall inure to the benefit of and be binding upon Lessor and Lessee and their successor, and assigns. 10.12 Broker: Lessee covenants, warrants, and represents that there was no broker instrumental in consummating this Lease and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. Lessee agrees to hold harmless Lessor against any claims for brokerage commission arising out of any conversation or negotiation had by Lessee with any broker. 10.13 Approvals Required: This Lease will not become effective unless approved by the Governor and the Legislature of the Virgin Islands. 10.14 Entire Agreement: This Lease constitutes the entire agreement of the Parties relating to the subject matter addressed herein. This Lease supersedes all prior communications or agreements between the Parties, with respect to the subject matter herein, whether written or oral. 10.15 Conflict of Interest: Lessee covenants that it has no interest and will not acquire any interest, Lessee's Initials £7/— Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI direct or indirect, which would conflict in any manner or degree with the performance of its obligations under this Lease. a. Lessee further covenants that it is: 1. not a territorial officer or employee (i.e., the Governor, Lieutenant Governor, member of the Legislature, or any other elected territorial official; or an officer or employee of the Legislative, Executive, or Judicial branch of the Government or any agency, board, commission, or independent instrumentality of the Gov- ernment, whether compensated on a salary, fee, or contractual basis); or 2. a territorial officer or employee and, as such, has: i. familiarized itself with the provisions of Title 3 Chapter 37, Virgin Islands Code, pertaining to conflicts of interest, including the penalties provisions set forth in Section 1108 thereof; ii. not made, negotiated, or influenced this contract, in its official capacity; and iii. no financial interest in the contract as that term is defined in Section 1101 of said Code chapter. 10.16 Rights of Holder of the Leasehold Mortgage: Notwithstanding anything to the contrary herein contained, Lessor agrees that in the event that Lessee secures a leasehold mortgage and thereafter defaults in the performance, of any of the terms and conditions of this Lease, Lessor will give notice of such default to any holder of the leasehold mortgage (where Lessor has been notified of the identity of the leasehold mortgagee) and a like notice of the default to the Lessee. The Lessee or the holder of the leasehold mortgage shall have the right to remedy any such default within a period of forty-five (45) days from the date the notice is mailed by registered or certified mail, return receipt requested, to the holder of the leasehold mortgage and the Lessee. In every case where the holder of the leasehold mortgage elects to acquire possession of the Premises or to foreclose the leasehold mortgage, such holder shall, prior to the acquiring possession or the foreclosing of the leasehold mortgage, (i) give Lessor the right of first refusal to purchase and assume Lessee’s leasehold mortgage interest and obligation, or (ii) to provide a purchaser for Lessee’s leasehold mortgage interest and obligation. The Lessor shall exercise the rights herein set out within one hundred twenty (120) days from the date the Lessor is notified by the holder of the leasehold mortgage that these rights may be exercised. In the event that this Lease is terminated, Lessor may enter into a new lease of the Premises with the holder of the leasehold mortgage, or its designee, within thirty (30) days after receipt of such request, which new lease will be effective as of the date of such termination of this Lease and Lessee's initials YZ Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI shall run for the remainder of the same term, and subject to the same covenants, conditions, and agreements; provided that the holder of the leasehold mortgage, or its designee, (i) contemporaneously with the delivery of such request, pay to the Lessor all the installments of basic rent and all other items of additional rent which would have been due for the Lessee had the Lease not been terminated and (ii) all sums due from the date of termination to the date of execution of the new lease. 10.17 Compliance with Laws: Lessee shall comply with all laws and regulations of the U.S. Government and the Government of the Virgin Islands including but not limited to zoning, Coastal Zone Management (CZM), building codes, environmental, and American Disabilities Act (ADA). The Lessee shall obtain all licenses, permits, and any required re-zoning of the Premises and to do business in the Virgin Islands as required. 10.18 Waiver: Waiver by Lessor of any breach of any term condition or covenant of this Lease shall not be deemed to be a waiver of any subsequent breach of the same or any other terms, conditions, or covenants of this Lease. No delay or omission to exercise any right or power hereunder shall impair any right or power of the Lessor; every right and remedy conferred under this Lease may be exercised from time to time and as often as may be deemed expedient by the holder of such right or remedy. 10.19 Enforcement of Lease Terms: Waiver by either party of any breach of any term condition or covenant of this Lease, during the term of this Lease, shall not be deemed to be a waiver of any subsequent breach of the same or any term, condition, or covenant of this Lease. No delay or omission to exercise any right or power shall be construed to be a waiver of any such right or power and every right and remedy conferred under this Lease may be exercised from time to time and as often as may be deemed expedient by the holder of such right or remedy. [INTENTIONALLY LEFT BLANK — SIGNATURES FOLLOW] Lessee's Initials My Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 Consolidated, Submarine Base, No. 6 Southside Quarter St. Thomas, USVI IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals on the day and year first above written. WITNESSES: LESSEE: Submarine Base Warehouse, LLC file Klexander een (Print Enrique Rodriguez Se Saat Sole Member O A (Signy (Print) Dawrse A c Cou (Sign)' J) ACKNOWLEDGEMENT Territory of the Virgin Islands ) District of St. Thomas and St. John) ss: Before me personally appeared Enrique Rodriguez, Sole Member of Submarine Base Warehouse, LLC, to me well known, or proved to me through satisfactory evidence to be the individual(s) described in and who executed the foregoing instrument for the purposes therein contained. WITNESS my hand on this day of A.D. 2024 Monee Hill Notary Public of . NP-663-23 My Commission Expires: Jaty 2 20 St. Thomas/St. Joha, U.S. Visgia islands nC I iy, Ee GER Bb LS o G f ‘ us Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 Consolidated, Submarine Base, No. 6 Southside Quarter St. Thomas, USVI GOVERNMENT OF THE VIRGIN ISLANDS isa M. Afej “Commissioner Department of Property and Procurement Date: AE ON APPROVED AS Gordo LEGAL SUFFICIENCY ., Attorney General BY: Assistant Attorney General APPROVED \ Aen EN. Honorable Atbeft Bryan-#. ~ Governor of the U.S. Virgin Islands APPROVED Honorable Milton E. Potter WITNESSES: one, LOS Date:__7 los{ras- Date: President of the 36" Legislature of the U.S. Virgin Islands EXHIBIT A e SITE | LOT \o. 70 (HY 191- 188) Arrest An tt / Lstate Contant LOGAN MoE / Forced Vo. 9 444 SGA EL” OB O94 Arres Ftrced by FOL (29-4063-T905 Prreef Ao. 10 ov / es 7.002 Sq flix S furcal No. 22 ¢ 0.160 Acres % fistate Contant / O". « 3 2 of / :s ws vf & & Panel No. ft 7.399 XQ tt BI7Z7 Acree — ——<— a d ? ON Farcel Ao. HB gt ™ 25ST Sy FLA SET ot? — ro x (333 | se . od ‘a ly Parecd No 42 LEGEND slg UATE Sq Ft —=—_= 0862 dens A oUNusRAEO forsT QO RON PIPE BOLNDPOST SET Unicss Noted Gtherwtse Y Slerer Vall d WASHER REFERENCE Mrivel Va f24 B9- GG TO08 (29 4662 TB) ZOMNEAL eos OTL. PARCELS A009, 10, HA, HO & 12. ESTATL SUOMARINE BAST (OROBN HAY BTID ABP SUB NTANDAED NIZE 10TS PER CORREAT ZONINC REQUIREMENTS Loreed Ya. (70- Remainder (04 -AII6 TOOK} rian Moseley 4003 RAPHUNE HLL. ROAD EXHIBIT A Une pspdiss °s ae onants ors oo FAX & 776-4090 Parcels No. 9, 10, 11LA, 11B & 12 Submarine Base ( Crown Bay Fill ) No. 6 Southside Quarter GRAPHIC SCALE tie 0 St. Thomas, U.S. Virgin Islands pune 4G & OE 57-11-2022 |" 6851-2 DRAWN: parce 5 FILE NO. SCALE ft» 30° Dg - 9640 - T022 el EXHIBIT B Sy Mawel fSa f 9 18 OF \ : eon mel tts Hi] fl ds f -; Ei | i | i ‘ bie | F| : : : ae | ee atk Pome ts a ee | ” Bs Thy ue | eR % , l | i: th fat é ’ e ° Moo Bt é wo pureed $4 Ba i ost fty wan. * ‘s o no map fwat! paves } i G A 1 baa Shee Feber Tat bas | VA * tere ty Sarat g Jk ” see gion Tee reeotang of In's por.e mor i] ria “a eath zed we her fe ' eA Bae nea ss ; 2s ¥ weEL gaa InQ rat + pe his | em cone Mena et Maree cet ee AP ad ; Ld abd ore lcm sae = Tes teh Be Fane ! Vv ee epte YJ Te FE ie oem eet Pe bee Vref Po An tee Lis i td e Pe ee Te soak ee 7 ’ . aor ote 1 _ fer, f= Firgia fstands Eaginsering & Sunsyreg, inc | Parcels LIA CE ITM he Sey : ~ > L) EXHIBIT EXHIBIT C “a papel oa = YO REMAWOER OF 1 PARCEL 68 ~ da * Ronen TO 09. 1863-190) 09-847-T68 AGE ” = oo \ 2 2 AREA RESERVED FOR MAMEANCE * pepo 4 OF SEWER LUNES 09-1192-74 & 09-4863-190 — 09-1128- 2 aN g 4 PARCEL 145 (CONSO 5 Ki, H 0.91 AC OR $0,706 SF / e-~ z es 4 5: 3 - 4 NOTE: THIS PROPERTY IS OWNED BY THE COVERNMENT. THE (TENT IS TO: COMEENE ROW PARCEL 70%, PARCEL 145, AND A PORTION OF ROW / LEGEND CONCRETE MONUMENT FOUND J ya eae ay a pe y / PARCEL 170-6 , N“ @ ROW PE SET ae 7 @ RON REBAR FOUND rf 0.71 AC OR 90,066 SF ED A J Pye O fence Posr / 4 Ky 1 CONCRETE BOUND SET PARCEL 12 ~ @ T-sRON FOUND é. —“\ © UIRITY POLE J i, ~ * PR NAL SET ? = * & UWMOMUMENTED PONT y IJ™ “\ PARCEL 127A e ™ & CONTROL PONT SET : LOCATION MAP PROPERTY LINE / ses Bee, ™—. aK [Str34s0'@ = 78090} RECORD DATA WHERE OWFERENT FROM MEASURED DATA PARCEL 169 ZONING IS P ree tt ——— FENCE LIE PLAN REFERENCES: eoccosecenss «STONE WALL Ge al D53-420-98 Pn CONTOUR LINE ~ 10° INTERVAL eeeeeeerecceeeeseeees CONTOUR LINE = 2° INTER ici, EXHIBIT C oot Tre a REVISED 6-17~08 PARCEL 170-6, PARCEL 170 REMAINDER [sez /! o / sar) BGM ENGINEERS & SURVEYORS SCALE: 1° = 50° AND PARCEL 145 (CONSOLIDATED) moan _71042-8 P.O. Box 1103, St. John, ¥1 00831 Se eS | (CROWN BAY LANDFILL) Tel: (340) 776-6770, Fax: (340) 693-7770 l bgmitierGtsiands.vi \ \ fae 71042807.DWG pe of fee 880 t00 1802 SUBMARINE BASE = SULLAS/ ber emerres BORER EP oe RE NO. 6 SOUTH SIDE QTR. eso apy | 169 | b6w | acu 1"=50" ST. THOMAS, U.S.V.1. Civil Engineering, Land Surveying, Construction kianagement ZONING CERTIFICATION GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES — — DEPARTMENT OF PLANNING AND NATURAL RESOURCES 4611 Tutu Park Mall 45 Mars Hill, Frederiksted Suite 300, 24 Floor St. Croix, VI 00840 St. Thomas, VI 00802 (340) 773-1082 (340) 774-3320 dpnr.vi.gov Division of Comprehensive and Coastal Zone Planning ZONING CERTIFICATION This will certify that Parcel Nos. 12, 12A, and 145 (Consolidated) (Crown Bay Fill), St. Thomas are zoned W-2 (Waterfront Commercial-Industrial) as per Official Zoning Map No. STZ-4. The proposed use of bulk storage is permitted in the W-2 district under “Asphalt Paving, Plant & Storage Yard; Asbestos Products, Sales & Storage; Automobiles & Motorcycles- Storage (Live) Fleet Parking, Wrecking Yards (Storage); Building Materials, Hardware & Equipment, Sales & Storage; Cement- Bagging & Storage (Bulk Plant); Concrete Products- Storage Yards; Construction Equipment & Materials- Storage; Crane & Hoist Service (Storage); Fruit, Storage; Insecticides, Storage; Lubricating Oils, Compounds, Storage; Marinas (Recreational Marine Crafts)- Boathouses (Storage); Molasses, Storage; Paints & Varnishes, Bulk Storage; Propane and Manufactured Gas, Storage and Distribution; Sand & Gravel, Storage; Scrap Metal, Storage; Steel Bars, Sheet, Strip, Tube, etc., Sales & Storage; Water Storage (Facilities); Freight Forwarding Services- Garages & Warehouses; and Food Products--Brokers & Distributors, Wholesale (Warehouse).” The list of permitted uses and development provisions for the W-2 zoned district can be found in Virgin Islands Code, Title 29, Chapter 3, Subchapter 1, §228 and 229 (https://legvi.org/vi- code/). GOVERNING AUTHORITY: Department of Planning and Natural Resources Government of the U.S. Virgin Islands Researched and Certified By: Seis falls Name: Leia LaPlace Title: Territorial Planner Date: June 9, 2025 Phone: (340) 773-1082/774-3320 ext. 2215 Email: leia.laplace@dpnr.vi.gov SUPPORTING BUSINESS DOCUMENTS ( X ) Financial Statements/ Business Plan (X ) Business License Expires: 04/30/2026 (N/A) Certificate of Liability Insurance (if already on property) Expires: N/A (N/A) Articles of Incorporation ( xX ) Articles of Organization ( N/A) Certificate of Limited Partnership ( N/A) Tradename Certificate (if applicable) Expires: N/A ( X ) Corporate Resolution/Memo Authorizing Signature Dated: 05/9/2022 Expires: N/A (x ) Certificate of Good Standing Dated: 078/2024 Expires: 06/30/2025 Certificate of Existence Dated: N/A Expires: N/A THE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS BUSINESS LICENSE KNOW ALL BY THIS PRESENT &, 0” © Vingin is That, in accordance with the applicable provisions of Title 3:Chapter 16 and Title 27 V.1.C. relating to the licensing of |S businesses and occupations, and compliance having been made with the provisions of 10 V.I.C. Sec. 41 relating to the Civil Rights Act of the Virgin Islands, the following license is hereby granted. Licensee: SUBMARINE BASE WAREHOUSE, LLC. Trade Name: SUBMARINE BASE WAREHOUSE, LLC | Mailing Address ) se Physical Address _ aiicaa edd —_——= #4600 EST CHARLOTTE AMALIE STE #201 PARCEL # 12, 12A, 24 & 25 SUBBASE | CHARLOTTE AMALIE CHARLOTTE AMALIE | ST. THOMAS VI 00802 } ST. THOMAS VI 00802 {Business No: 56636 _ | License No: _1-56636-2L__ Types. of License(s) Rent of Reat Property Other than Bultdings As provided by law, the authorized licensing authority shall have the power to revoke or suspend any License issued! hereunder, upon finding, after notice and adequate hearing, that such revocation or suspension is in the public) interest; provided, that any persons aggrieved by any such decision of this office shall be entitled to a review of the same by the Territorial Court upon appeal made within (30) days from the date of the decision; provided, further, that all decisions of this office hereunder shall be final except upon specific findings by the Court that the same was’ arrived at by fraud or illegal means. If a renewal is desired, the holder is responsible for making application for same without any notice from this office. It} is the Tesportsibilityy of the Licensee to notify the Department in writing within (30) days, when a license is to be#y cancelled or placed in inactive status. Failure’to do so will result in the assessment of penalties as authorized by law. If Valid from 04/25/2025 until 04/30/2026 Printed on 04/25/2025 Siissued at St. Thomas,V.I. Fee 130.00 i H. Nathalie Hodge Ld Commissioner, Department of Licensing and Consumer Affairs USVI Lieutenant Governor Filed: December 15, 2021 02:11 PM THE UNITED STATES VIRGIN ISLANDS a DODO Articles of Organization SUBMARINE BASE WAREHOUSE LLC (DC0116296) General Details Handling Option Standard Processing Delayed Effective Date Type of Limited Liability Limited Liability Company Company Proposed Company Name Select a Reserved Name No SUBMARINE BASE WAREHOUSE LLC Business Mailing Addresses 4600 Estate Charlotte Amalie, Time Center, Suite 201, Charlotte Amalie, Principal Office or Place of Business United States Virgin Islands, 00802, United States Mailing Address Po Box 8058, Charlotte Amalie, United States Virgin Islands, 00801, United States Business Details Term Perpetual Finance, Insurance, and Real Estate, Real Estate Nature of Business/Purpose Additional Purpose Details: Any and all lawful business for which a Limited Liability Company may be organized Amount of Capital 1,000.00 Managed By Member Managed Members Liability Members are not liable Generated on December 15, 2021 02:12 PM l of 4 —_ = pas ———— ee Yl —— eat Resident Agent in USVI Resident Agent Type Name Physical Address Mailing Address Resident Agent Consent Form Organizers individual Name Status Physical Address Mailing Address Managers/Members Individual Name Status Physical Address Mailing Address Position Documents LLC Operating Agreement Individual Mr. Enrique E RODRIGUEZ 5-2 Estate Liliendah!, And Marienhoj, Charlotte Amalie, United States Virgin Islands, 00802, United States Po Box 8058, Charlotte Amalie, United States Virgin Islands, 00801, United States submarine consent.pdf12/15/2021 12:26 PM Mr. Enrique E. RODRIGUEZ Active 5-2 Estate Liliendahl, And Marienhoj, Charlotte Amalie, United States Virgin Islands, 00802, United States 5-2 Estate Liliendahl, And Marienhoj, Charlotte Amalie, United States Virgin Islands, 00802, United States Mr. Enrique E RODRIGUEZ Active 5-2 Estate Liliendahl, And Marienhoj, Charlotte Amalie, United States Virgin Islands, 00802, United States Po Box 8058, Charlotte Amalie, United States Virgin Islands, 00801, United States Member SUBMARINE OP AGREEMENT. pdf1 2/15/2021 12:19 PM Generated on December 15, 2021 02:12 PM Signature(s) Name Mr. ENRIQUE E. RODRIGUEZ Position Organizer Date 11/01/2021 I DECLARE, UNDER Yes PENALTY OF PERJURY, UNDER THE LAWS OF THE UNITED STATES VIRGIN ISLANDS, THAT THIS OFFICER HAS AGREED BY RESOLUTION TO THE CHANGES MADE IN THIS APPLICATION. Daytime Contact Name Mr. EARL JOHN KELLY Telephone (1) 787-403-5375 Email kikiusvi@aol.com I DECLARE, UNDER Yes PENALTY OR PERJURY, UNDER THE LAWS OF THE UNITED STATES VIRGIN ISLANDS THAT ALL STATEMENTS CONTAINED IN THIS APPLICATION, AND ANY ACCOMPANYING DOCUMENTS, ARE TRUE AND CORRECT, WITH FULL KNOWLEDGE THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE SUBJECT TO INVESTIGATION AND THAT ANY FALSE OR DISHONEST ANSWER TO ANY QUESTION MAY BE GROUNDS FOR DENIAL, SUBSEQUENT REVOCATION OF REGISTRATION, OR OTHER FINES AND Generated on December 15, 2021 02:12 PM PENALTIES PURSUANT TO THE FRAUDULENT CLAIMS STATUTE AS SET FORTH IN 14 V.LC. § 843. SSS Generated on December 15, 2021 02:12 PM 4o0f4 SUBMARINE BASE WAREHOUSE LLC May 09, 2022 Dear Sir/Madam: This certifies as a true copy of the Corporate Resolution in accordance to the business and has not been amended or revoked. I, Enrique E. Rodriguez, hereby certify that Iam the sole member of the business, Submarine Base Warehouse, LLC, a company organized and existing under the laws of the U.S. Virgin Islands. I am the only authorized personnel to make decisions and sign on behalf of the business. Regards, ae Enrique E. Rodriguez Sole Member Witness: _ CWRLALE LV ALM pate s/ V/' Qo>-7 (print name) Business Entity No. DCO1 16296 Government of The United States Virgin Islands -O- Office of the Lieutenant Governor Division of Corporations & Trademarks CERTIFICATE OF GOOD STANDING To Whom These Presents Shall Come: I, the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that SUBMARINE BASE WAREHOUSE LLC has filed in the Office of the Lieutenant Governor the requisite annual reports and statements as required by the Virgin Islands Code, and the Rules and Regulations of this Office. In addition, the aforementioned entity has paid all applicable taxes and fees to date, and has a legal existence not having been cancelled or dissolved as far as the records of my office show. Wherefore, the aforementioned entity is duly formed under the laws of the Virgin Islands of the United States, is duly authorized to transact business, and, is hereby declared to be in good standing as witnessed by my seal below. This certificate is valid through June 30th, 2026. Entity Type: Domestic Limited Liability Company Entity Status: In Good Standing Registration Date: 12/15/2021 Jurisdiction: United States Virgin Islands, United States Witness my hand and the seal of the Government of the United States Virgin Islands, on this Ist day of July, 2025. Dag A Kent Tregenza A. Roach Lieutenant Governor United States Virgin Islands 7 J ih DATE (MMIDD/VYYY} ACORD CERTIFICATE OF LIABILITY INSURANCE 04/29/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not conter rights to the certificate holder in lieu of such endorsement(s). PRODUCER | CONTACT Diane McDonald Caribbean Risk Group PHONE Exp: (340) 774-2323 IAG, No): (888) 226-4445 Royal Palms Professional Bldg Ean... dmedonald@ergvi com 9053 Estate Thomas Suite 101 INSURER(S) AFFORDING COVERAGE NAIC # St Thomas vi 00802 IsURERA: Lloyds of London-EVE/MAR INSURED INSURER 8 Submarine Base Warehouse INSURER C : Parcel 12 & Parcel 12A Submarine Base INSURER D : INSURER E St Thomas VI 00802 INSURER F : COVERAGES CERTIFICATE NUMBER: CL2542902559 ~ REVISION NUMBER: THIS IS FO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR Bsiens POLICY EFF | POLICYEXP LTR TYPE OF INSURANCE INSD | WvD POLICY NUMBER {MMIDD/YYYY} | (MMIDOIYYYY) LIMITS ><] COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g 1,000,000 NTED | CLAIMS-MADE OCCUR PREMISES (Ea oceurrence} g 100,000 MED EXP {Any one person} Ss 40.000 A Y | N | 1767725000 - DEC 133 03/19/2025 | 03/19/2026 | personaraapvinury | 1.000.000 GEN AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 1,000,000 POLICY Sesy [| Loc PRODUCTS. comPioPaGG |g 1,000,000 OTHER Employee Benefits $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Fry reoennt $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED i AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ |___] AUTOS ONLY AUTOS ONLY | (Per accident) _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ eee CLAIMS-MADE AGGREGATE ED | | RETENTION § $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS’ LIABILITY YIN | STATUTE | ER ANY PROPRIETOR/PARTNERVEXECUTIVE EL EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH} E.L. DISEASE - EAEMPLOYEE | $ If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT | $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addilional Remarks Schedule, may be hed if more space is required) It is hereby noted and agreed that Government of the Virgin Islands Department Property and Procurement is added as an additional insured for their respective rights and interests. CERTIFICATE HOLDER CANCELLATION a — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Gevernment of the Virgin Istands Department Property and ACCORDANCE WITH THE POLICY PROVISIONS. 8201 Subbase AUTHORIZED REPRESENTATIVE 3rd Floor St. Thomas VI 00802 Al felmeh ; i © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1767725000-DEC 133 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following Named Insured: Submarine Base Warehouse POLICY NUMBER: 1767725000-DEC 133 COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s} Location(s) Of Covered Operations Government of the Virgin Island Department of Property and Procurement 8201 Subbase 3rd Floor St. Thomas VI 008020 As required by contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section if - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury", “property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ® Insurance Services Office, Inc., 2012 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to “bodily injury" or “property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. That portion of “your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PROOF OF OWNERSHIP (X ) Deed (xX ) Map (if referenced in deed) ( N/A) Title and Encumbrance Certificate kek Nox 038 VIRGIN ISLANDS SESSION LAWS STi ; council shall instfar os ‘possibile be.geographical. No member of the cotmell shall, be a licensee tinder this: chapter. Whe council shall organize, elect: ae a thereafter meet. upon call of the chairman through the Commissioner, ‘The council.shall counsel, ‘advise with the Comriissioner. at x : to thé éperatior cot Caglietiec ot nd enero Lach aime eo oll members. as. are appointed by ‘the: Commissioner: shall. serve: without pay; however, Government per diem and travel allowances. may bp. tlaimed for attendanice at officially sailed tapings of the counciias provided. =~ § 1824, ‘Attorney General; enforcement ‘The Attorney. General: shail:-be. atterney. for ‘the: Borimniesloner: in Sve ccddqsomnent. of thts apter. and shall dowaict anly investiga: tions incidental to its enforcement. «8 1826, Waiver of: mperience requirements ; ‘he Cortissioner shall walve the experience requirements spec- ified in-aection. 1304 of this chapter in.the tase of any: pplican for: a license under this chapter if the applicant »mests: ‘the other: requirements of this chapter and-if the applicant's conducting 2 private investigative agency ora watchinan, ‘guard or Paledl agency. on the efféctiv date of this chapter. ~ 4 Section 2. “he Aet shall be effective August 1, 1973 Approved May 28, 1078. _ No. 8067 CAaproned Mey #8), 1971) os z Be it enacted by the Logielatere of the. Virgin Islands: Section 1. Subsection. ig) st mection 9 B41 of She ke senna “Any two members: Gi de cable. igiiabed np tho Govasiin Section: 2, Subseotion (h) of section 641 of Title 29, Virgin Islands Cadé, is amended to read-as follows: (by "The term of office of ench metaber shall be thtee. yeate ‘ind each shall be eligible for reappointment, Any: person appointed: to fill a. varancy: occurring priar to the expiration of the term. for which.a r was appointed shall be eppointed only for the remainder of such term. Section 3, Subsection (c} of nection 541 of. Title 29, Virgin, Islands Code, is amerided to read as follows: (c) OF the said sever: parsons, lines shall be-residents of the Island: of. ‘St. Thorius, three shall be residents of the Island of St, Croix; and one ‘shall be a resident.of the Island: of St. John. - Sention 4:. Subsection (c) of section B42 of Title 29,, Virgin Islands Code, is amended to read as follows: (¢) ‘The Board shall appoint in addition to- the Executive Direc- torof the Authority, such: other officers, agents, or employees, an gene or temporary, and by equ tiast-cr-otler wine ming eeipipy. iitin , Superinte and other t experi as 1 may deem necesety. an ahall determine: their qualifications, duties, tenure aid. yn} ae The bylaws of the Autha miay: provide for the, delewatin to tis Executive Director’ in fen otter ofan ‘agent or empl of such — of the powars and. duties of the. Authority as the Board may deem | pais 5 ‘the faparee me ce of oeein ge ie as Maa ay pe bance at the ale ef, snpescen (8). of sec tion “as of Tile 20 Vignes Cotle, is: amended {6 read as In no case shall the Authotity have the power to sell eto, asslz, mortgage, pledge’ or otherwise dispose of or ancl . property: without the approval of the Legislature (of the Comimit- tee-of the Whole of the Le; islature when: the Legislature ts-not in session), dnd the. Governor; Provided; however, ‘That lenses: tor'a temng-of tne, yea ox Jae shall npt require such approval; : of a1 Act No. 3057. VIRGIN ISLANDS SESSION, LAWS “STL Section 7. ‘Subsestion (a). of séotion 551-of Title ‘20 ds amended by-delating therefrom-the following provision: . . Provided, further, That.of the total amount-of bonds which maybe outstanding at any one-time hereunder, not-less:than thirty million. dollars.shall be ‘available: exclu “tor toclities.on He teland of St. Thomas; not less than thirty: million dollors. shall be-ayallable. exclusively for fucllities: on the Island. of St. Croix, and nof Jess than five: million dollars shall be: available. exclusively for fecllitics on the Island of St.John; “eet : Section 8. Section B61- of Tile 28, Virgin Talande Code, da hereby a ee nse ne , section oe} of section. fag ha Title: 29: of the View Any of the real pet ans wos Grantee’ to: the Aston pursuant: to. pz ph. (2): of stetiow 8-0f Act No, 2875 (appr roved December 24, 1968): whielt does not cor Be ae Bnd 708 : kare -netivities of the: ‘Authority. shall ie i rib Osh The “eee Tnlsnda Post Authority: To Authorize the Issuance of Bonds for the Port Authority, and for Other Purposes. Be it enacted by the Legislature of the Virgin Islands:. Seetion 1. A new chapter 8 is added to Title 29 of the Virgin Islands Cade, as follows: Chapter 9. Virgin Islands Port Authority Subchapter I. Declaration of Policy and Definitions § 501. Declaration of policy (a). The powers conferred by this chapter are for public uses and pittyosea and are proper governinental functions for which publie money may be expended, private property may be acquired, by etultient domain or otherwise, property way be exchanger, ae leased, nicrtgaged, assigned, sublet, or sold, and bonds or other ek obligations may be issued pursuant to section ${h) of the Revised ae Organic Act of the Virgin Islands, as amended, or any other such authority as may hereafter be eonterred by Federal Law, ox by fie laws of the Virgin Islands. (b) The provisions enacted in this chapter are hereby declared sheer Sheps mapa mascara get ripe au d publig. WAMeT swe (a) The ‘term “Authority” shall mei the Virgin Islands Port (by ‘The tarm “Board” shall inean the Governing Board of the Authority. (c) ‘The terms “Honds” shall mean the bonds, temporary bonds, refunding bonds, debentures, notes, interim bonds, receipts, cer- tificates, ot othar evidences of indebtediess or obligations which sik wattoornd ba ba Taped by thes ghaupt but shall not include se ee rose @ usual course of business for expenses of the Authority. Bao wet Now. 2376 VIRGIN ISLANDS SESSION LAWS 4968 (a} The term “Holder of bonds” or “Bondholders” or any girnilar terma shall mean any person who shatl be the bearer of any out- standing bond or honds registered to bearer, or not registered, or the registored owner of anyoutstanding bond or bonds which at the time shal) be registered other.than to bearer. {6) The term “Federal agency” shall mean the United States of America, the President or any department thereof, or any corpora: tion, agency or instrumentality heretofore or hereafter created, designated, or established by the United States of America. (f} “Air terminals” ehall sean developments consisting of -run- ways, hangars; control towers, ramps, buildings, structures, park- ing areas, inprovements, facilities or other real and yereons! prop- erty necéssary, convenient or desirable for the landing, taking off, accommodation and Servicing of aircraft of all types, including but not limited to ‘ajrplanes, airships, dixigibles, helicopters, gliders, amphibians, seaplanes, or any other contrivance udw or hereafter used for the navigation of or flight in air or spacé, vperated by carriers érigaged in thé transpértation of passengers or cargo, oF for the loading, unloading, intarchange or transfer of such passen- Bers or their baggage; of such caitgo, or otherwise for the accom- modation, use. or convenience of stich passcngérs, or such carriers or their employees or of the persons visiting the airports, or for the landing, taking off, accommodation and servicing of aircraft ovned or operated tiy persons othér than carriers, aswell as prop. erty acquired: by the Government of the Virgin Islands to be used for air facilities. (g) “Marine terminals” shall mean developments consisting of One or more public ‘piets, wharves, docks, bulkheails, slips, hasing eeaety a art provements, or other réal or personal propérty, necessary ar con- venient 40 the accommodation of steamships, tugs, freighters, boats or other sen going vessels and their cargoes-or passengers. _ (h) “Industaial, commercial, residential andl recreational develop- ment” shalt mean developments, consisting of warehouses, quarries, cement block plants, sewage disposa} plants, public dumps, park- ing aréas, wholesale and retail outiets, hotels, motels, apartments, guesthouses, restaurants, office buildings, and related activities. (i) “Facility” shall mean an air terminal, marine terminal ‘or san industrial, commercial, residential and reéreational development, or or any two or more of them collectively. , 39) "7 ro RE TEES 1968 FIFTEENTH SPECIAL SESSTON Act No. 2375 (j) Words importing the sibgilar numbér shall include the plural number ahd Vice versa, and words importing persons shall include firms, partnerships ‘of all kinds and corporations. Suhehapter if. Virgin Isiands Port Authority § 503. Creation of Virgin Islands Port Authority (a) The Governor of the. Virgin Islands, the Director of the Budget, three members to: be appointed by the President of the Legislature, and four other persons, not more than, two of whonr shail be employed by the Government of thé Virgin Islands or by the Government of the United States, are hereby established a body corporate and politic constituting a public corporation and auton- orious governmental instromentulity of the Government of, the Virgin Islands, by the name of the “Virgin Island Port Authority.” (h) Three of the members:shall be appointed by the President of the Legislature, not more than tro such members shall be a yesident of the same District. The term of office of each such meraber shall be. two years ard each.shall be aligible for reappoint- ment. Any petson appointed to fil a vacancy ocawring prior to the expitation of the term for which a predecedsor was appointed shalt be appointed only for the remainder of such tern (c) The four persons, at least two of whom shall not be em- ployed by the Government of the Virgin Islands or by the Govern- ment of the United-States, shall be appointed by the Governor with: the advice and consent of the Legiglature, and tywo shall be residents of the District.of St: Thomas-St. John, and two shall be residents of the District of St. Croix. Suck persons shall be appointed for a term occurring prior to the expiration of the term for which a prede- cessor wag: appointed shall be appointed only for the remainder of auch term. Each such appointed member shail serve until. the ap- pointment and qualification of his suecessar, ¢4) Governmental members of the Authority shill be entitled. to no compensation for their service as members. Nongovernmental members shall be entitled to compensation at the rate of $20.00 per day or fraction thereof spent in thé work of the Authority, Alt members shall be entitled to reinibursement for, or per diera in Hiew of, necessary travel expenses. {e} The Authority hereby created is and shall be a govern-~ mental instrumentality ‘subject, as provided for herem, to the R81 Act No, 2375 VIRGIN ISLANDS SESSION LAWS 1968 control of the aforementioned members, acting in their cdpacity ns metnbers of the Governing Board thereof, but:it is 4 corporation having legal existence and personslity separate and apart from the Government aud the officers. controtling it. The debts, obligations, contract,.bonds, notes, debentutes, secéipts, expenditares, accounts, fands,: facilities, and property of the Authority shall be deemed to be those of said Authority and not to be those of the Government uf the Virgin Islands, or any office, bureau, department, agency, com- mission, municipality, branch, agerit, offices-or employee thereof. § 504. Governing Board and other. personnel of Authority . {a} The powers of the Authority shall be exercised by a Govern: ing Board consisting of.tha members of the Authority acting-as a board. Withix one hundred and twenty (320) days after this chapter becomes: effective, the Board. shall meet at the call ‘of the Governor and ongunize, elect a Chairman, Vice Chairman, and, as soon as practicable, shéJl appoint an Executive Director of the -Angthority who shall be anthorized to attend. all meetings of the Board bat shall nat be:entitled to vate. (bo). Five members of the Board:shall- constitute g.quorum-for the purpose of organizing tlie Atthority and condicting the business thereof And for all other purposes; and’ all action shall be taken by a vote of the majority. (ec) The Board shall appoint. m addition to, the Executive Director of the Authority, an Assistant Diréctor for Marine Activity, an Assistant Direetor for Airport Facilities, and.an Assistant Director for Industrial Development, avd may ; ‘appoint such other officers, san, or lores. permanent of ‘temporary ty. and Pee nbras * a o7 aR ene it ploy Buch. ‘comeultins “engineers, Tapenie tendents, managers, fiscal, legal. and: other technical experts, as it may deem necessary, and shall determine their qualifications, duties, tenure and.compensation without regard to 8 V.I.C. chapter. 26. The bylaws of the Authority may. provide for the delegation to its Executive Director or its other officers, agents or employees. of such of the pywers and duties of the Anthority:as the Board may deem proper. (a) The Executive Director shall be appointed by the Board exclusively opon the basis of metit as determined by teclinical training, skill, experience, and other qualificationg best suited to carrying out‘the purposes of the Authority. The Executive Direrfor 392 ; 4 1968 FIPIEENT? SPECIAL SESSION Ack No. 2375 shall be removable by the Board bat only for cayse ond after notice and.an opportunity to he heard. § 605, Powers of Authority The purposes of the Authority shall be to, establish, acquire, construct, develop and improve, own, operate and manage any and all types of air terminals, marine terminals and industrial, com-. mercial, residential and recreational developments, and to make available the benefits thereof in the widest economic manger, tharéby promoting the general welfare and increasing commerce and prosperity. The Authority is granted and shall have and may exercise all rights and powers necessary or convenient for carzying out the aforesaid purposes, including but without limiting the gev- erality of the foregoing, the following: (1) to have perpetual existence as a corporation; (2) to adopt, alter, and use a corporate seal which shall be judicially noticed ; (3) to make, and from time to time modify, and repeal, bylaws, rules and regulations; not inconsistent with this chapter, pro- yiding for the internal organization and management of the Authority, for the administration of its affgirs.and operations, and tor carrying inte effect the powers and purposes of the Authority; (4) to sae and be.sued im its corporate name; (5) to thake contracts and to.execute. all instruments necessary or convenient in the exercise of any of its powers}: (6) to acquire by any Jawful means - (except by exercise of the "aaiaege extend, Tepir,, mantain se and operaté any property or interest. therein: amd to sell, lease, exchangé, transfer, assign, mortgage, pledgs ot otherwise dispose of, or encumber, such prop- erty or any interest therein, In no case shall the Authority have. the power to gell, lease, assign, mortgage, pledge or otherwise dispose of: or encumber, any real property without ‘the approval. of the Legislature ; (T} to acquire through condemnation real property and any ‘other property or. rights necessary for carrying out. the purposes. of the Authority when the approval of the Governor and the Legis- lature hag been obtained prior to bringing any action for con,r demnation ; 383 Lee Rede OR, nes _—O widest econo: Act No, 2378 VIRGIN ISLANDS SESSION Laws. 1968 (8) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and to give security therefor ag provided for in subchapter IIL of this chapter: (9) to m&ke and issue bonds for the purpose of funding, re- fonding, purchasing, paying, or discharging any of the outetand- ing bonds or obligations issued or assumed hy it; (10) to accept grants or loans. from, and enter into contracts, leases, agreements, or other transactions. with, any Federal agency, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds. of any such grants or loans for any of its corporate purposes; {11) to invest funds in United States obligations or ather se- curities approved for investment for the Government of the Virgin. Islands; (12) to determine, fix, alter, charge, and collect reasonzble rates, fees; rentals and other charges for the use of the facilities of the Authority, or other services or cormmodities rendered or furnished by- it, which shall ba af least sufficient, together with all other available mioneys, revenues, iigome, appropriations, sind receipts of the Authority from:all sources, for the payment of the éxpenses of the Authority ‘incurred in the conservation, develop- ment, improvement, extension, repair, maintenzrice, use and operation of its facilities and properties; for the payment. of the. principal of and the interest on its bonds and for fulfilling ‘the terms ind provisidis of such covenants as niay be made with, or for the benefit of, the purchasers or holders of any bonds. of the Authority; Provided, That in fixing vates, fees, rentals, and wuthority shall have in.view: the encon. ‘oF t tenlly possible diversified use of its facilities. consistent. with sound fiscal management; and in thia connection it is the intention of the Legislature that in fixing: such rates, fees, rentals and other bbarges..the Authority shall tike futo account the respective expenses, as HereinbeFore enumerated in this subparagraph, for the operations of its facilities; Provided, further, That initially, the rates, fees, rentals and athar charges for the use of the facilities transferred hereunder existing and in force and effect on the effective date of this chapter shall continue in force aud effect and that, thereafter, before changea in the general rate structure for the usé@ of its facilities. are made, ox, in ‘cases, where the Board sliall decide to-make such changés and 394 othe Lal of 1968 HISTBENTH SPECIAL SESSION Aet: Na, 8875 deems the. immediate effectiveness thereof to be necessary, then within. a reasonable time after such changes are made, a ‘public heating shali be held with respect thereto ‘before the Board or before such hearing officer or officers a5 the Board may designate. to.give interested persons an opportunity to advise the Board of their views and of evidence in support thereof, and upon siich hearing: the Board, pursudnt to the powers, duties, and obligations. vested in it by this chapter, may alter, ‘suspend, or revoke such changes; ; (13) to haye complete control and supervision of facilities and properties .constracted or acquired by it, including the power to determine the character of and necessity for all expenditures and the manner in which they shall be incurred, allowed and paid, aud such determinations shall be fmal.and conclusive for all purposes; (14) to prepare; or cause to be prepared, plans, designs, speci- fieations and estimates of coats for the acquisition, construction, yeconstruction, extension, improvament, ealargément or repair of any facility, and. from time to time to modify such plaus, designs, specifications and estimates; (15). to acquire in xecordance with subsection (6) hereof... pro- duce; impound, develop, treat, hold, use, transmit, distribute, sup- ply, exchange, sell, rent and otherwise dispose of equipment, and/or such other things, supplies and sérvices as the Authority shail deem necessary, proper, incidental, or desirable in connection with its activities under this chapter; (16) to construct or reconstruct any facility, and any additions, improvements and extensions thereto, by contract ox contracts ie ‘and/or guder, throogh, or by means of its officers, agents, and... aS STORER ND Via a aoa (17). to’ do all acts or things neeesspry-or desirable to carry out the powers granted to it by this chapter or by any other Act of the Legislature of the Virgin Islands; (48) to. participate in the programs of any Federal- agencies in the fields of its authotized activities and, consistent with this vhapter,. to do auy.arid all things necessary to secure participation in saci programs. and the cooperation of such agsncies in achieving the policias.and purposes of this chapter. 895 Act Mo. 257% VIRGIN ISLANDS: SESSION LAWS 1968 Subchapter 1%. Bonds of the Authority § 606. Authorization of issuance; security, tax exemption; terms and conditions ; etc. (a) By authority of the Governiient of the Virgin Isiands under section 8(b} (i) of the Revised :Organie Art of the Virgin Islands, as amended, which is hereby granted, the Authority may issue and selt bonds from time to time and have outstanding at any one time, exclusive of bonds issued solely for the purpose of exchanging the game in. return for the cancellation of bonds either issued by the Authority or agsumed by it, botids. not in excess of sixty-five million dollars, in aggregate principal amount, in addition to all sams flat the Legislatare of the Virgin Islands has authorized or mhay author- ize separately for particular purposes; Provided, however, That re- funding bonds of the Authority issued solely for the purpose of ap- plying the proceeds thereof to the payment for, or purchage of, bonds issued by the Authority or assumed by it, shall not bein- cluded in: eompating any such Hmitation until six (6) montlis after their sale; Provided, further; That of the total amount of bonds which. may bs qutstanding at any one time hereunder, not less ‘than thirty million dollars shall be available exclusively for facili- ties. on: the Island of St. Thomas, not léss than thitty million dollars shall be available exclusively for facilities on the Island of St. Croix, and not Jess than five million dollars shall be. available exclusively-for facilities on the Island-of St. John; and Still Further Provided, That before any facility shall be finanebd by the issuance of bonds hereunder sach facility: shalt be authorized by Act of the islature.. (by Payment of the Bonds of the: Authority may be secured: by’ & pledge of or Hex on all-or any part of its properties, contracts, gross or net rates, feas, revenues, other income or bond vraccails to which the rights of the Authority then exist:or may thereafter come into existence, ar by pledye of or Hen. on any loan, grant, or contribution, or parts thereof, from any ‘Federal agericy, the Gov-~ ernment of the Virgin Islands or any other source. It is the. in- tention hereof that any pledge of revenues or other : ‘monies, of ‘of a. ravenué-produciig contract or contracts made by the Authority shall be valid-and. binditig from the time when the pledge is made. that the revenues, or other monies or proceeds of any contract or contracts so pledged and thereafter received by the Autharity shall 396 TL a ae SSSI NALA Tage te Pt a ST te ject 2 APT idea FIPTHENTH SPECLAL SESSION Act No, 2375 immediately be subject to the lien of such:pledge without any phys- ical delivery. thereof or fnrthex act; and that the Hen of any such pledge shail be. valid and binding as against all parties having elainig of any kind in tort, contracts or otherwise against the Anthority irrespective of whether such parties have notice thereof. ‘Neither the resolution nor any other instrument by: whieh a pledge is created need be recorded. {e) In accordance with section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the bonds of the Authority shall be exempt.as to principal and interest from taxation by the Govern- ment of the United States, or-by. the Government of the Virgin Is-. lands, or by any state, territory, or possession, or by any political subdivision of any state, territory or possession. p¥ by the District of Columbia, {d) Bonds of the Anthority shall be authorized by resolution or resolutions of the Board, and shall cdmply with all pertinent pro- visiona of the Revised Organic Act of the Virgin Islands, as amended, or suvh ‘other provisions of appHcable Federal law as may be in effect at the time, Except as otherwise provided for by suid Act or other Federal law, and all laws of the Virgin Islands, bands of the Authority may be ‘issued iM one or moré series and shall bear such date or dates, mature in such amounts and at such time or times, bear interest at such rate or rates not exceading 6 per centum per annum, payable semi-annually, be in such denomina- tion or denominations, be in such form, either cpupon or registered, ‘gaxry such conversion or registration privileges, have such rank or priority, be executed by such amembers oy officers i in such raanner, JRaARch- medium ofp may declared or betome due at such time Before the maturity date thereof, may be authenticated in. such manner and. upon cofm- pliance with such conditions, and may contain such other terms and covenants: as such resolutions or its trust indenture may provide. ; (e) The bonds ‘shall be sdid in such manner as permitted by the Revised Organic Act of the Virgin Islands, as amended of other xpplicable Federal laws or the laws of the Virgin Islands, et such price ‘as the Authority may determine. (f) ‘In case any of the members or officers of the Authority whose signatures appear on any bends or coupons shall cease to be such naembers or officers before the delivery of such honds, B97 mee oEh Bpledg: Act. No, 237 VIRGIN ISLANDS SESSION LAWS 1968 such signatures shall, nevertheless, be valid and sifiicient for all purposes, the same as if such members or officers had remained in office until such delivery. Any provisious of any lgw to the con- trary notwithstanding, any ‘bonds, issued by the. Authority pur- suant to this chapter shall be negotiable for all purposes,. subject only to the provisions of bonds fot registration. ig) Neither. the members of the Authority nor any person executing the bonds shall be liable personally an the bonds oar be’ subject to any liability by reason. of the issuance thereof. th) In any suit, action or proceeding involving the. validity or enforceability of any bond of the Authority or the security there- for;.any suich bond reciting in substance that it has been ‘issued by the Authority to aid in financing: a-facility as defined in this chap- ter, shall be conclusively deemed te have been issued, for. sych purpose, and the facility shall be conclusively deemed to have been undertaken, constructed or aguired in accordance with the provisions of this chapter, §.507, Powers of Authority with respéct.to bonds. "In shy resolution or recolations authorizing: the.issuance, of bonds, the Authority may contract with the holders of the bonds to under- take and obligate itself of such commitments, as long. as the bends are outstanding and. unpaid, as are deemed by the ‘Bogrd to: be netessary “and appropriate for the. protection of the bondholders and the maxketability of the bonds, and may specifically in addition to any other provisiong— (a) covenant as to the disposition of the entire gross or net reyenues and present or future 5 ee thenesk to wet bonds and the interest thereon; (b) covenant against making, permitting or. suffering any pledge: or ‘other Hen on all or sny part of its: receipts, revenues or other. iticome, or rea} or persorial property, to which its right or title then exists or may thereafter come intp existence; covenant with: respect to limitations on any sale, lease or other disposition of the Authority or any part or parts thereof; and covénant. as to what other or additional debts or dbligations may be incurred. by it; (c} covenant ag to the bonds then: or thereafter to be issued as to the issuance of such bonds. in escrow or otherwise, as to the use and disposition of the proceeds thereof, and’ 2s to the Jimita- 398 income of the Authority including a er cm mrt ae ase ee beer i SE eT 1968 PIPTEENTH SPECEAL SESSION et No. 2375 tions on tite issuance of additional bonds; covenant against extend- jng the time for the payment of its bonds or interest thereon; and covenant for redemption of the bonds and. provide for the terms and conditions thoreof; {d) covenant aa to the rates, fexs, retituls, and other chatges to be fixed and. collected, the amount to be raised each year or other period. of time thereby, and as to the use and disposition to be made thereof; (¢) create or authorize the eveation of special funds or Teserves for-nioneys held for construction or operating vosts, debt, service, yegerves, ox other purposes; and covenant ag to the use, disposition and investment of thé moneys held in such funds;. . {f) covenant .as to. the. use, maintenance and replacement of any or el} of its real or personal property, the amount and kind of ingurance to be carried thereon and the use and disposition of in- surance moneys; (g) prescribe the procedure, if any, by which the terms of the bonds, resolution, or any other cobtract with the bondholders may be modified, the amount.of bonds, tbe holders of which must con- sent thereto, and the mianner in which such consent may be. given; (h) covenant-as to and prescribe the events of default and terms and conditions bpon which any or all of its honds shall become or conditions upan which he waived; (i) covenant. as to before maturity, and as to. the terms and such declaration and itS rohsequences May the rights, liabilities, powers and duties arising upon the nonperformance by the Authority: or any of its fied in this chapter; covenants, conditions, or obligations, including the right and reme- = G) vest in a trustee or trustees the right to enforce. the payment of the bonds or ‘any covenants securing or relating to thé bonds and the right, in ‘the event of a default by the Authority, to take possession of and use, operate ind manage the Authority or any part or parts thereof tollect-the rates, fees, or any funds connected. therewith, and to tevenues, or other income arising therefrom and to dispase of such moneys in accordance with the agreement of the Authority with the holders -of the bonds: provide for the powers and duties of national banking assoc: guch trustee or trustees which may be a jation or a bank oy trust company organized gag. Act Ne. 2875 VIRGIN ISLANDS SESSION LAWS 1968 under the laws of the United States or of the Virgin Jélands. or any state, and limit the liabilities thereof; and provide the terms and conditions apon. whith the holders of the bonds.or any proportion of them may enforce any coveriant or rights securing. or relating to the bonds; and (k) exercine all or any part or combination of the powers herein ‘granted; mike covenants and to do any and all such acts. and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the honds more marketable notwithstanding that such covenants, acts or things may tiot be enumerated herein. § 608. Right to receivership apon default -(a} The. Authority is authorized to covenant for the right to receivership updu default 2s hereinafter set forth in paragraphs {b) to (f) inclusive, or to limit such right by definition of default or otherwise, in its agreement with the bondholders: (b) In the. event that the Authority shall default in the payment of the principal of, or interest on, any of its bonds after the same shall become. due, whether it be a default in thé payment of the principal and interést or in the payment‘ of interest only at maty- rity or upon. call, for redemption; and such default shall continue.for a period'.of thirty (80) days, or in the event that the ‘Authority or the Board, officer's, agents, or employees thereof shall default on. any agreement made with the holders of the bonds, any’ holder or holders of the bonds (subject to any: contractual limitation. as to a specific. percentage of such holders), or trustee therefor, shall have the right bi apply in an appropriate Judicial proceeding on apndintenent of : a “recelver of ‘the: ‘Encilities, the intome or-reventes of which aré pledged to thé payment of the bonds so in default, whether or not al] the bonds have been declared due and. payable. and whether: or not such holder, or trustee therefor is seeking ox has sought'to enforce any other ritht'or‘to'exertise any remedy juiconnection with such bonds. Upon such application aud showing. the court may appoint, and if the application is made by the holders ‘of twenty-five (25%). per centum in principal amount of sach: bends then outstanding or by trustee for holders of bonds: in such prineipal amount, shall appoint a receiver of such facilities, {c) Fhe. receiver so‘appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of 400 1968 PIFTEENTN SPECIAL SESSION Act No. 2373 such: facilities and may exclude the Authority, its Board, officers, agents, and employees and all persons claiming under them, wholly therefrom and shall have, hold, use, operate, manage. and control the same, and, in the name of the Authority or otherwige, as the receiver may deem best, shall exercise a) the rights and powers of the Authority with respect to such facilities as. the Authority itself might do. Such recéiver shall maintain, vestore, insuxe and keep insnred, such facilities and from time to time -shall make -all xepairs necessary or proper for the conservation of the facilities, shall establish, levy, maintain and collect such rates, fees, and other charges in conmection with such facilities as such receiver may déom necessary, proper and. reasonable, consistent with ‘the purposes of the receivership and the purposes. of this chaptex, and shalt collect and receive all income and revenues and deposit the same in 4 separate account and apply. the-income and revenues so collected and received in such manner as the court shall direct. (d) Whenever all that is due upon the bonds, and interests thereon, and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults in consequence of which a tecelver may be appointed shall have been cured and made good, the Court may, ‘in. its discretion and after such notice and hearing as it deems reasonable and proper, direct the réceiver to surrender possession of such facilities to the Authority, the same tight of the holders of the bonds to obtain the appointment of a receiver to exist. upon any subsequent default.as hereinabove provided, (e) Such reesiver shall act, in the performance of the powers hereinabove conferred upon him, hder. the. direction aad saperyi i- cba OF THE COOP Bhd Shae aH detrées of the Court and may be removed thereby. Nothing herein ‘coutained shall limit or restrict thé jurisdiction of thé Court to enter such other and further orders and deérees as such Gourt.may deem necassary or appropriate for the exercise by the receiver of any functions specifically set-in this chapter. {£) Notwithstanding anything in this section to the contrary, such receiver shall have ne power to sell, assign, mortgage, or otherwise dispose of any assets of whateyer kind or charactér he-. longing to the Authority and useful. for its activities, but the powers of any’such receiver'shall be limited to the operation and maintenance of the facilities of the Authority, und the collection £01 Act No. 237% VIRGIN ISLANDS SESSION LAWS: 1965 aud application of the income and revenues therefrom and the Court shall not have jurisdiction to enter any order or decree. requiring or permitting said receiver to sell, ‘mortgage, or other- wise dispose of any such assets. $09. Remedies of bondholders (a) Subject to any contractual limitations binditig tipo the holders of any issue of bonds, ‘or trustees. therefor, including but not: limited to the restriction of the. exercise of any remedy to 3 spécified proportion or percentage of such hotders, any holder .o bonds, of trustee therefor, shail haye:the tight ‘and power, for the equal benefit and protection of all: holders of bonds similarly situated—— (1) by mandamus or other suit, action, or proceeding at. law or ia equity to compel the Authority and fts Board, officers, agents, or employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with ‘bondholders; (2) by action or suit in equity to requiré the Authority and the Beard thereof to account. as if they were the trustees of an axpress trust; ' 8) by action or suit in equity to enjoin any acts. or things which may be unlawful or in vidlation of the rights of the bond- holdérs; and (4) to bring suit- upon the bonds. (b} No remedy conferred by this chapter upon. any holder of ‘the bonds, or any trustee. therefur, is intended to be exclusive of dition ‘to eyery other remedy, and may -be exercised without ex- hausting and without regard to any other remedy conferred by this ‘chapter or by any other law. No waiver of any default or byesch of duty. or conttact, whether by any holder of the bonds; or any © trostee therefor, shall extend to.or shall affect any subsequent de- fault or breach of duty or contract or shall impair any rights or remedies thereon. No delay -or omission of any bondhalder or any trustee therefor to exercise ariy right or power accruing. upon de- fault shall impair any such right or power or-shall be construed to be a waiver of any such default or acquiescence therein. Every substantive tight and every remedy. conferred upon the holder of the bonds, may be enforced and exercised from time to time as 40? 1968 FIFTEENTH SPECIAL SESSION Act No. 287% often as may be déemed expedient. In case of any suit, action or proceeding to enforce any right or-exercise any remedy. shall he brought or taken and: then discontinued or abandoned, or shall be determined adversely to the holder of the bonds, or any trustee therefor, then and in every such case the Authority and such holdes, or trustes, shall be restored to their former positions and rights and remedies as if no such suit, action, or proceading had been brouglit or taken, $ 510. Bonds of Authority legal investnients for public or private funds: The bonis of the Authority shall he lawful investment, and may be accepted as security, for all fiduciary, trust and public funds, the investment or deposit of which shall be. under the authority or control. of the Government of the Virgin Islands or any officer ‘or officers thereof. § 511, Exemption of Authority from judicial process and taxes (a), All property: inclnding funds of the Authority shall be exempt, from levy. and sale by virtue of an-execution, and no execa- tion or other judicial process shall issne against the same nor shall any judgment against the Anthority be a charge or Hen upon its, property; Provided, however, That this subsection shalt not apply to or limit the right of bondholders to pursue’ any remedies for ‘the enforcement of any pledge or lien givert by the Authority on its rates, fees, revennés, or other income or any other funds. (b) The purpose for which the Authority is created and shall exercise its powers being public purposes, the property of the Aw and special assessments of the. Virgin Islands. or ‘any political sub- division thereof. In lien of taxes, the Authority may agree to make such payments to the Virgin Islands or any: Political sub- division thereof as it finds consistent with the obligations of the Authority and the achievement. of the purposes of this chapter. Subshapter FY. Assistance of Government of the Virgta Islands § 512. Assistance of Government of the Virgin Islands (a) For the purpose of aiding the Authority in carrying out the purposes of this chapter, thé Governor of the Virgin. Islands 403 Act No. 2875 VIRGIN ISLANDS SESSION LAWS 1968 with the approval of the Legislature, may at the request of the Authority and upon such terms as shall be determmed— (1) dedicste, sell, convey, or lease uay interest of the Govern- ment in any property of grant éasements, Jieenses or any rights orprivileges therein te the Authority; (2) cause services of the character which the Government is otherwise empowered to render to be: furnished to the Authority. (b). Any sale, conveyance, lease. or agreement provided for in this section may be made without appraisal, public notices, ad- vertisemont or public hidding, notwithstanding ‘any other laws to- the contrary. Subchapter V. Other Purposes $518. Moneys and accounts of Aathority (a) -All moneys of the Authority shali be deposited in qualified depositories for funds of the Government of the Vitgin Islands. but, they shall be kept ip separate accounts in the name of the Authority. The disbursements. shall be made by it pursuant to regulations. and budgets approved by the Bourd. Notwithstanding. the provisions of this subsection (a) the Authority shall have power to contract with the helders of any of dts bonds as to the custody, collection, investment and paynient of any moneys of the Authority, or any moueys: held in trust: or otherwise for the pay- ment of bonds or.in any way to Secare bonds, and deposits of such. moneys may be secured in the same Mauner As Moneys of the Authority. ; _(b). The Atithority shall account. to the Government of the the Governmerit may furnish to the Authority, by: Joan or grant. The Authority shall alsp acconnt to. any Federal agency, if and ii the manner required, for any funds that, it may have Teceived from any such agency. (c) The Authority shall establish an accounting system for -the proper statistical contro} and record of all expenses and income belonging to or minagéd or. controlled by the Authority. Subject to agréements with bondholders, said system shall, msofar as ad- wiunblé, segregate the accounts for different classes of operations, facilities, and activities of the Aathority; Provided, That from time to time the Authority shall have: its accounts and books, 404 peaks ar) x yas be 1965 RIFTEENTH SPECIAL SESSION Ast No. 2376 including ite receipts, disbursements, contracts, leases, sinking funds, investments and any other matters which relate to its fmancial condition examiited by an independent accountant who “ghait report thereon to fhe Board of the Authority. and to the Legistature. § b14. Competitive bidding AN) purchases and contracts for supplies or yervices, except for personal services, made by the Authority, including contracts tor the constraction of facilities of the Authority, shall be made after advertisement for bids sufficiently in advance of opening bids for the Authority fo secure appropriate notice and opportunity for competition; Provided, That where the expense estimated to ye necesgary in connection with the purchase or work does not exceed two thousand five hundred (2,500) dollars the same may be: carried out without advertisement for bids. Advertisements for bids shall not be required, however, when— (t} an emergency requires immediate. delivery of the materials, supplies, equipment, or performance of. the services: or (2) repair parts, accessories, or supplemental equipinent or serv- ices ave required for snpplies or services previously furnished or contracted for; or (3) professional, financial (including ‘financial prinng). or other expert services or work are required and the Authority shall deem it best in the interest of good administration that contracts. there- for be made without such advertisement; or {4). prices are noncompetitive ‘because there is oul ane source of such materials, supplies, or equipment or proctrenient of such services, may be made: in the open market in the manner usual in corimer¢ial practice: In the comparison of bids and the making of awards, due consideration shall be given to such factors tin addition to whether the bidder thas corzplied with the spécifica- tions) aq the bidder's ability to performi construction work of the kind inypived in the construction contract under consideration ; the relative quality amd adaptability of inaterials, supplies, equip- ment, ox services; and the time of delivery or performance offered. The Authority may prescribe. rules. and: regulations for the sitb- mission of bids. 40% EBSe 26 SDTSDARC renee ere Act No. 2875 VIRGIN ISLANDS SESSION LAWS 1568 § 515. Contribution to Bmployees Retirement System and Govern- ment Insurance Fund; nnenployment compensation cover- age - (a) All officials and eniployees of the Authority: shali be covered by and subject to the Employees Retirement System of the. Virgin. Islands and the Workmen's Compensation Act. The Authority shall contribute to the Retirement System of the Government. of the Virgin Islands its share of the cost of the retirement of the officials and employres on the basis of semi-annual billings as determined by the Division- of Personnel, Goverunient of the Virgin Islarids, . and the contribution of officials and employees for retirement shall be deducted from the.salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands and shall be paid semi-annually to the Retirement Fund of the Government of the Virgin Islands. The Authority shail also con- tribute to the Gevermment Insurance Fund, on the basis of. ahual billings as: determined by the Commissioner of Finance for the benefit payments madé from such fund on account of the Author- ity’s employees.. The annual billings shal} also! include a statement of the fai portion of thie cost. of the Government Insurance Fund, which shall be paid bythe Authority inte the Treasury of the Vir- gin Islands as miscellaneous receipts. (b) For purposés of unemployment compensation, the Authority shall be deemed an employmg unit as defined im 24 VLC, § 302(j) (i), and the Authority shall make payments to the Unemployment Compensation Subfund and the Unemployment Compensation Ad- provided for the Government of the Virgin Islands by 24 VLG. § 808d). “$ 536. Reporis The Authority shail submit to the Legislature and to the Goy- ernor. of the Virgin: Islands, ‘as soon as practicable after the close of each fiscal year of the Government of the Virgin Islands (1) ‘its complete budget, a financial statement. and complete report of the business of the Authority for the preceding fiscal year, and (2) a complete report on the status and progress of all of its facilities and attivities since the creation of the Authority or the. date of its last such report. The Authority shall also submit to the Legislature and to the Governor, at such other times as may be required, official reports of its business and activities under this chapter. 406 REN derma 1968 PIFTEENTA SPECIAL SESSION Act No. 2875 § 517. Agreements of the Goveriment of the Virgin Islands The Government of the Virgin Islands does hereby pledge to, contract and agree with, any person, fam or corporation, or any Federal, Virgin Islands or state agency, subseribing to or acquir- ing bonds of the Authority or of the Government of the Virgin Iskands issued for the purposes of this chapter, that it obligates itself ndt to limit or alter the. rights or powers hereby vested it the Authority ox the Government, as the case may be, usitil all such bonds.at-any time issued, together with the interest thereon, are fully met and discharged. The Government of the Virgin Is- lands doés further pledge to, contract.and agree with, any Federal agency that in the event any such agency shall construct, extend, improve, or enlarge or contribute any funds for the construction, ‘extension, improvement, or enlargement of, any facilities, the Government of the Virgin Islands wil] not alter or lirait the rights ox powers of the Authority in any manner which would be incon- ‘sistent. with the continued maintenance and operation sf such facilities: or the extensions, improvement, or enlargement there- of, or which would be inconsistent with the due performance of any agreements between the Authority and any such Federal agency; and the Authority shall continue to have and may exercise all rights and powers herein granted. so long as the.same shall be necessary or desirable for the carrying out of the purposes of this chapter and. the purpose of any Federal agency in constructing, extending, improving or enlarging, or contributizig funds for the constiniction, extension, improvement ‘or enlargement of, any facili- ETE a WASP ERT Te = oe tor § 518.. Injunctions An injunction shall not be granted to. prevent the application. ‘of this chapter or any part thereof, § 519. Lack of jurisdiction of uther agencies No officer, board, commission, department or. ofher agency or political subdivision: of the, Virgin Islands: shali have jurisdiction over the Authority in the management and control of its properties and facilities, or any power over the regulation of rates, fees; rentals and other charges to be fixed, revised and collected by: the Authority, or any power to require a certificate of convenience or necessity, license, consent, or other authorization in. order that the Authority may acquire, lease, own and aperate, coustruct, maintain, improve, extend, ar eilarge any facility. 407 Act Na 2375 VIRGIN ISLANDS SESSION LAWS 1988 $520. Inconsistent. provisions of other acts superseded Insofar as the provisions of this chapter are inconsistent with _ the provisions of: any other Act of the Legislature of the Virgin Islands, the provisions of this chapter shall be controlling: and no law heretofore or hereafter passed governing the administration of the Government of the Virgin Islands or any parts, office,. bureaus, departments, commissions, municipalities, branches,. agents, officers, or employees thereof shall be construed to. apply to the Authority unless so. specifically provided but the. affairs ahd business of the Authority shall he. administered as provided herein. $521. Separability of provisions If any provisions. of this chapter or the application of such pro- visions to any person or circumstances shall be held invalid, the remainder of the chapter and the application of such provisions to persons or circumstances other than those as to which it shall have been held invalid shall not be affected thereby. Section: 2. (a) Effective upon the date-of approval of this Act, and until such later date as fixed by the Legislature for the coming into existence’ of the Virgin Islands Port Authority pursuant to (i) all revenues received from. the operation of airports and covered into the Mirine and Aviation Fund; (2) all monies payable into the Special Airport Fund; and 3) all fees or other charges iropnsed. under the. provisions PROT eee ete ner Ce ear) heuer LOE RES n —ghall be payable to. and collected by find designated the Marine and Aviation Fund, and available for “all authorized uses aurd purposes of the said-Agency. tb) Effective sirnultaneously with the coming into: existence of the Virgin Islands Port Authority as above determined, the pro- visions of section 49, Title 88 of the Virgin Islands Code are re- pealed; Provided, however, That all rates, fees or other charges imposed for the use of facilities and in force and effect on such date sliall continue in force and effect until changed hy the said Authority as elsewhere provided in this Act. . Section 3. (a) The title to all property of the Government of the Virgin Islands administered by the Virgin. Islands Airport and 408 ‘the Virgin Islands. Air- port and Industrial Resources Agency, deposited. in the special. 1968 FIFTEENTH SPEGIAL SESSION Sct No. 2375 Industrial Resources Agency and the Marine Division, Department of Commerce, and to all property on the Island of St. Croix acquired in accordance with that certain Agreement of February 8, 1962. ratified and adopted by Act No, 814, approved February 20, 1962, and all personnel, records, contracts, deeds, jeases, subleases, mort- gagex, rights, franchises and unexpended balances of, appropria- tions and funds of the Virgin Islands Airport and Industrial Re- spurces Agency, the Marine Division of the Department of Com- merce, al] balaoces in the Marine and Aviation Fund and in the Specia? Ainport Fund, .and any other property that can-be identified as. airport_oroperty, former Submarine Base. rty, and all: public docks, piers, wharves, or bulkheads aré hereby transferred to the Virgin Islands Port Authority established under section 1 of this Act; Provided, That any personnel so trausferred who are found to be in excess of the persdnnel required for the efficient administration of the functions of the. Authority, shall be retrans- ferred under existing law to other positions in the Government of the Virgin Islands; Provided:.tuither “That-the transfer of any real spepettisoraights ot iiterests:thereit tothe Authority by thts ‘mulageed jonyshall ‘not Mecoiéifinal anless:a completezappendix of; alk sughammanerhy £6, eowisasterded, -wiith.apnioprinte taps, surveys audadescniniiona suffeieit Tox proper:identifieation- thereof is :sub- toad appedved bir the -Legisiatinesithier'in'a. regalar axa ‘on. : (b) Any employee of the Government of the Virgin Islands. transferred to the. Virgin Islands Port Authogity pursuant te sub- the amount of accumulated and current accrued, annual leave to which he ig entitled under Jaw and for which leave. auch employee has not received lump-sum payment. (ec) In the-establishment of sick leave and other benefits for officers and employees of the Authority, the Board shall credit employees transferred pursuant to the provisions of subsection (a) of this section with all accumulated sick leave, and shall provide stich other benefits equivalent, insofar as‘practicable and consistent with sound fiscal management to the benefits to which the officers or employces of the. Virgin Islands Water and Power Authority ate now or may hereafter ‘be entitled. (a) No employee transferred pursuant to subsection (a) of this section shall be reduced ia pay. ‘2 409 Act No. 2875 VIRGEN ISLANDS SESSION LAWS FiYPTERNTH SPECIAL SESSION Act No, 2378 Section 4. All laws or parts of Jaws inconsistent, or in with any provisions of this Act ave, to the extent of such i i tency or éonflict, repealed. Section 5. This Act shall become effective iumactignle exc that the provisions of sections 1 and 8 shali become effecti: such date ag shall be fixed by the Legislature by law ai ~ approval-of the creation of the Vitgin Islands Port Authori Secretary of the Interior pursuant to-section 16 (a) of the: Organic Act of the Virgin Islands, 2s amended, is received. Approved December 24, £968. No, 2377 (Approved January 10, 1969) To Further Amend the Composition of the Virgin Istands Law Enforcement Commission. t enacted by the Legislature of the Virgin fstands: ction 1, Section 2, Title 3 of the Virgin Islands Code is.amend- y changing subsection (¢) (1) thereof, to-read as follows: ‘¢) The Board shal] be composed of nineteen members as =i) jlows; ; (1) as ex officio members, the Attorney General of the Vir- islands, who shall also serve as Chairman of the Board, the missioner of Pablic Safety; the Commissioner of Social Wel- the Commissioner of Education, the Presiding Judge of the cipal Court, the Chairman of the Virgin Islands Parole Board, ecutive. Secretary of the Virgin Islands Commission on n Resources, the Director of the Division of Special Projects the Office of the Governor, established by 3 VuLC, § 22, the itive Secretary of the Virgin Islands Commission on Youth, hief Probation Officer of the Virgin Islands (gr the designee of the foregoing awhen such designation is approved by the and the respective Chairmen of the St. Croix, homas and St. John GCitizeis Advisory Comntittees on: ane ite A sel elected. by the highest number 0 E Hea IS" SE" CHOIN, “SE. at Jona aie = respectively, at the most recently conducted election; (BILE. 8864) No. 2376 (Approved January 8, 1969) To Authorize the Participation of the Virgin Islands of the Ui States in the Inauguration of President Richard M. Nixo: Make an Appropriation Therefor, and for Other Purpos Beit enacted by the Legislature of the Virgin Islands: Section “1. ‘The Governor of the Virgin Jslands-and the Pew of the Legislature are hereby authorized to arrange for representation and participation ‘of the Virgin Tslant ' Seetion 2. There “dg hereby appropriated out of the General in the. Treasury of the Virgin Islands, fiscal year July 1, et ee ir June $0, 1969, the sum. of $17,000 for ‘personal-services, tra : Approved January 10, 1969. transportation, and all other expenses, including the constrict a , of an appropriate float, which sum shall be available to the lature for payment of all necessary expenses to carry out : visions of-this Act. Approved January 8, 1969. No, 2378 (Approved January 10, 969) Po Amend Act No, 2228. (Bill No. 8662), Seventh Legislature, : Righth Special Session 1968, Relating to the Designation and : Redesignation hy Name of Public Facilities in the Virgin Islands. 411 410 QUITCLAIN DEED Thie QUITCMIM DED, mde tic PO aay of : FZ -_, 1967, dy and between the United States of Anericas acting by ond through the. Secretary of the Interior, end woe. Government af tho Virgin Zelemia, | “WITHESSETS : “WHEREAS, the Coveromeht of the Virgin Islands hho requested the Scewavary of the Interior tb convey the lands hereindftar deseribed to +i: Goverment of the Virgin Islands, pursuant to tha Territorial Syteergad Lands hot, TT Stat. 338, 48 USeC. 1701, (1963), For grecific econa:id development: purposda; and rs ‘WSBREAS, pursuant to Section 1(o} of the said Act, aa fone Y : of Decetbor 13, 1966, sh explaustory eteteneut wad submitted to the OPM eat fUs Commitveda on Interior and Instlar Affairs of the Senate. dnd House of Rapresentatives of tha United States Congress; and WHEREAS, by latter dated January 5, 1967, the Chairnan of the Housé Comittee on Interior and Insular Affairs and hy letter datpi Iocémber 16, 1966, the Chadrmin of the Senate Comittee on Injersoc end Insular Affairs. navé informed the Secretory of the Interior thst vhoy wish to take no action with respect to the woposed conveyance; and ? . WHEREAS, notice of this conveyance of the lands hereinafter decorated has been published in the Virgin Islends in tho caunor aad tom soquised by Saétion 1(e)-of the said Aot; NOW, THEREFORE, the United Statas doss hereby ‘Srvansfer and convey wito the Government of the Virgin Islands, dn accordance. with aaa svoject to the said Act, ond thé terms and codditions hezeot, Gil ite right, title add dinterast in the following degardbed lands: ® prac (4) SECrION (2) FORMER NAVAL SUBMARING BASE, ST. THOMAS, V. 2. NeSarance P.W.Drawing No.A3-97-T66. Beginning ot point "A" located North F dagrees GO minutes Wast, a @istanea of 255.0 feet, frdm the northwest corner of tie tender pier, tha line runs: North 24 degrees 30 minutes East, o distance of 600.0 feet, to s Point; thence orth. 1 degree 4$ minutes West, a distance of 100.0 feet, to a point; thence South 56 tagrees 30 mixiutes Rast, @ distanoe oF 190.0 tect, to & potat; thence Forth 34 degrees 00 minutas Enab, a dletanct of 200,0' feet, to a point; thenca North 36 degrees OO mimrtes East, a distance of 175.0 feet, to 6 yoint; thence Bouth 33 degrees 30 uimites West, o distance of 640.6 feet, to afpotut; thencd South &9 degrees 25 mimes Bast, & distanpe of 175,0 feet, to a point; tience South 26 degreas 37 minutes West, @ distance of T7.5 feet, to a point; thence North $8 degrees 50 ninutes- West, & distance of 170.0 feet, to a point;. thence South 34 degrace 15 minutes ‘West, a. distance of 400.0 feet, to @ point; thence South 56 degrees 30 mimstes Hest, a distance of 100.0 faét, to a point; thence Bouth ki degrees 30 minutes West, & distante pf 55.0 feat, to a point; thauce Korth 55 dngrees 10 minutos West, a distance of 100.0 feet, to the point of beginning. . fhe ores is 2.80 sores 411 distances are in U.S. Feats TRACT (4) SECTION (2) FORMER AVAL SUBMARINE BASE, Si. SHOMAS, V.Z. Zogtinine at Point "X" located on the shoreline end beiag the gouthaasy corner of tract 3 {U,D.%, txoining facilities) the line runs: South 37 cagzees 18 ninutes West, a disvance.of 55.0 feat to & poisit; thence North 52 degreas 40 minuten West, o-Gistance of 252.5 feet, to & point; thence South 37 éagress. 18 minutes West, 9 distance of 110.0 feet, to a point; whence North 29 dsgrees 00 minutes West, a distanct of 30.0 feet, Yo © point; thence en eee tae on en v4. bk Nozth 37 degrees 18 minutes Boot, a distance of 370.0 feet, to w point; thence North $2 dSogrees 42 winkted Woot, & distance ef 115.0 foot, to & yoink; #bonce Sourh 63 dcarece 18 minutes Web, a dtotance of 256.0 feet, to a point; thence South 60 degrees 34 minutes Wert, Pe @totance of 30.0 feet, to o point; thence Norch 43 degrees 20 minutes Bast, a distance of 60.0 fect, to a point; thenet Noxth 63 agrees 36 minutes East, a distance of 190.0 feat, to a point; thance North 69 degrees WO minutes East, & laténte of 250.0 feet, toa yoint; thence. North 52 degrees 10 minutes Zest, a didtance of 200.0 fcat, to a point; thence South 85 cogrees O05 mimites Bast, a Giatonce of 190.6. feat, to a point; thence South TL dagrees 00 minutes Bast, a distdnce of 110.0 feet, to alpoint; thence Korth 86 degrees 10 minutes East, & distance of 95.0 Yaet, to a polat; thence South 37 dogrees 18 minutes West, B Pidtance of 50.0 -fe6t, +6 @ point; thence | Along the shore line passing pier "6" and pier '"B", to the point of beginning Ld The arse is 6.47 acres ALL distances ore in UiS. test TRACE (4) SECTION: (3) FORMER NAVAL SUBMARINE BASE, ST. THUAS, V.T. Seginaing at point: "0" Jocited North 85 degrees 30 minutas Sant, 4 distance of 760.0 fect, frou V,I. Corporation, Monument 2, the Line runs: North 51 degrees 15 minytes. Bast, 9 distance of 90.0 feet, to a point; thence Rorth 37 degrees 00 minites Bact, a distance of 110.0 fact, toe point; thence North 77 dagreas. CO minutes East, a distance of 49.0 teat, ta. & point; thence Sourh 44 degrees 46 minutes East, @ distance of 130.0 Laet, too ~osat; thence South 22 dagcees 00 minutes East, & distance of 90.0 feet, to a point; thence South 28 degrees 30 minutes West, a distance of 3h0.0 feet, tom point; thence South ko Gsgrees OO minutes. West, a Aistance of 125.6 feat, te a point; thence ray ° b7 Sour, 26 degrcos. 00 minutes West, o distance of 110.0 feet, ta a points taaner South 4 dogrees OF minutes West, a digtance cf 170.0 feet, to & point; thente ‘south k7 degrees 30 minutes Wost, a0 distance of 6.0 feat, to o point oa tor chore line; thence Along tho shoreline io a general sox ¢hordy direction, to- tha. point of ‘beginning. _ Sao area te 1.54 acres ’ AQ distances are in 0.8. Feat wrace (4) skcriow (4) FORMER HAVAL | RUUMARRAS Sua BASE, ST.- TRONS, Yoke Reference: Y & D Drawing No. 839062 alac PW. Dpawing aed 97-166. Daginning ot 4 posit located forth 87 degreca 00 mimgtes Fast, @ distance of 100.0 feat, from Ve. Corp. Monument 2, the line runs: South 75 degrees, 45 minutes West, a distance of 160.0 feet, to & point), taenc South & degrees 45 winutes Weet, a distance of 280.0 feet, to a point} thence South i7 degraded CO. minutes East, & Gistancs of 170.0 feat, to & Point; thens South. 6 dagress 50 minutes East, a distance of 100.0 feut, to a Point; thence: South 49 degrees 15 minutes Zast, 9 distance of 150.0 feet, to & point; thene South 84 degreen 20 minutes East, 6 distance of 95.0 feet, tO o point; thence South 3 degrees 45 ininutes. Kest, a distance ot 135.0 feet, to.a point; thene South 16 degrees’ 30-minutes Weat, a distances of 110.0 feet, to & point; thence North 29 degrees 15 minutes West, a distance of 230.0 feet, to a point; thence North 4 dogrees. a5 mibutes West, @ distances of 120.0 feet, to a point; whence North SY éagreca 00 minutes. Wast, @ dintance of 95.0 Leet, te & Point; thence Nores "72 degrees 50 minutes West, a distance of 145.0 fant, to a point; thanc North. 27 degvees 45 minutes Weat, a dtotatica of 100.0 feat, to a Point; ghenc Kortly 33 degress 45. minutes West, & distance of 60,0 feat, to a Potat; thence s eek fF > Kerth 9 dogrees 45 minutdo Bint, .o distance of 160.0.fect, to a yount; thence Borth 12 degrees 1§ minutes Woot, a distance of 95.0 fcet,, to @ point; taance North 23 dogrecs 00 minutes East, a diatanes of 130.0 fect, to a yoint; thence Worth 49 degrees 45 minutes East, a Aiotance of 50.0 feet, too point; thence ‘Beuth 79 cogieee 20 nlimtes East, a distdios of 87.5 faet, to tha yoins of beginning. Tae area is Le37 Bore. ALL distances ara in U.S. feat As tequired: by Seotion: Le) of the Territoyial Subserged Lands Act, this conveyance is nade without the: power of right: to Tecouvey title to the stbject lands. } The United States. excepts add paservés all. deposits of ot}; ga, ond other minerals, but the term “pineraia” shell not inclute send, gravel, or coral, 0 HAVE AND TO HOLD tha same unto-and +6 the use of the * Govermmant of the Virgin Islendy’ ae im HIDES WERROP, the/Seoretary of the Interior bas aigeeé ond sealed this deed in behalf of tha United States on tha is t86 presence of: et, ri RECKIVED prsTare? oF COMBA) OTmy GF? WASHINGTON a6 On tite Cth Sey Of 1 seatosen 4 ix the year 1967, before ae 6 Kovery Puolic, personally appeared Charles F. Luce, who acknowledged nimseit to be the Under: Sgexetany of the Departitent of the iitericr, and taat he, 86 such officer, being authorized so to do, execiyted tae foregeing 4 ius 7 steel ne. Serial AQ 45799 in itinant OF COLUMBIA. cubes Lad ¢ a) san ab the Gino” 7 3 Z pi eimas the ian a $6 me Sa my > SMUBR ROTAAY PUBS mrerre: be “a wo = e. ot ~ 35 : , <O yee . owe 2 Bey gon HE ~ ee 5 s aries ne a. 2 . ia i qa se BF at wre 3 B op gg BOT virgit gored yi Se TE out , we tor pepe * *° i 6 nt Pras ee raster a anr 4 ‘; py ayete 7 a 4. , ” at ra * ‘n x * -_ ~ aE . — . 0 @his AMENDMENT wade. this EXE __ dey of Arti, 1967, vy ane cotyean the United States of America, acting through tke Under Seoretary of the Taterdor, and the Government of the Virgin Islands, WESHBAS, by quitdlain deed dated Februsry 9, 1967, & copy oF wsleh is abtached hereto and wade a part hereof, the Usited States ‘92 éterica noting through the Secretary of the Interior, tonyeyed Wie lands’ desoribed. thereta to ‘the Governnent of ‘the Virgih Islands parsvast to tha Texritorial Subsérged Lands Act, 17 Stat. 338, WEESRAS, the Government: of the Virgin Isjands wisnes to (+__ wcenstex certain of tke lands. thus conveyed to it to the Virgin WESRBAS, pursuant to section i(c) of the safd Act, on Yoreh 33, i967, en explaustory. statement was submitted to the mS) oe [ook ii aoe?) Sram We at Cesmivteed on Intexior and Insular affairs of tht Senate and. House it Repesektetivis of the United States Congtess; and WEERSAS, by letter dated April 10, 1967, the Chairanx of wae Rouse Committers on Yntarior aid Insular Affairs and by letter woted April 10, 1967, the Ghairasn of the Senate Committee on intevior ia Ingular Affeies. have informed the Secretary of the Interior that shetz rospeotive Comuittees haye ng objections to the proposed transfer; ry and et, n caf aap Ws 2 novice of proposal to amtad the Februmry 9,. 1967, gud weRein d2aed by adding language warnitting such transfer has been wblicked in tho Virgin Islands inthe manner end form required by soceioy i(e} of said Act; XOW, THRABFONE, 4n consideration of the premines i is mutually agveed that the quitelein deed dated February 9, 1967, by asia voten the United States of America (grantor), acting Virgin Isteuds- (grantee) be and it hereby is enended vy adding thareto after the paragraph at yage 5 ‘therect which reade as follows: AS required, by seation 1(e) of the Territoriel Submerged Lante Act this conveyance 4s made without the ower of right to xeoonvey the subject lands. the Lolloying proviso: Provided, however, shat the Goverment of the Virgina Islands, nay convey to the Virgin Xslands Water and Powar Authority dn fee cingie ebsalute ‘that portion of the former havel submarine base knoya as Tract (hs), Section (4) ds wore particularly desorited in Public Yorks Drawing Wo. A3~97-266..ené, hich netes. and bounds assoription has been pobligned ag aforésaid and that such conveyance ainll be without dost to the Virgin Teiends Vater and Power Authority. This AVANDRHT to the quitelain deed wil be recorted by the Government of the Virgin Islands at the seme time ani together with ita Yeed of conveyatice to the Virgin Islands Water and Power Authority. TX WOURESS NEEREOP the United States of America, acting fay Fs Vargés telLends, acting through the Governor of tha Virgin Islands, have aftieed Weir hands ad sefls on tha year tnd day first above writtran. Za the pressance of: ACKNOWLEDGE 838 On this LB£R. dey of Axess in the yoor 1967, Before ua. KSotreicn Aker, & Notary Ablic, yor‘sonsily sppesred Charles 7. Ince,. ybo acknowledged bimssit: to de tbe Under Sacretary of the Department of the Interior, ani that ha, a5. auch officer, being authorized go to do, exectted the foregoiag icosteumany Zor the United States of America. in Witness Woereot I hareunto set my hand and. seal. = a j st TH “SUNDA haus. sidt eaeot asection case. | MAP OF U.S. NAVAL STATION OAAS, V1. OF USA. | deOwho ConDInoNS on” JUNE 30,1945 staveor reer ear Feel igi ia ee 1A ae ee ph EL i | ASAG yaa MODI’ ATAU Ayaan’ Treat REAL ESTATE ACQUISITION SUMMARY ‘ once met see peepee meine Uae : : J YRRCE “RCREARE VESTETE ACQUREG . -OW ACCUFAES } “RECORDATION SATA : i wt te wa are rie rye eee senna eNO PAE G rt end en an ee ES te ta a pa Bo Tr ate eae eee, : a Ree eae nd td oo. 7 Been en te ve E Lee comet 2 aT Meee eT nen - wn . se Lee on” ad ts. mee a ~ bite eed / st f° ‘Ne : @ / gO “ peRe eed SRT wibsty he BteT ys &F AUTRES wi Lt taxes he bets fea ¥, MOAN trent i + ADWeNY wake Re bel, Fim fo ea ed te . R, fg Ds; > e_, Ley . « EASEMENT GRANTS AFFECTING ‘ooVE-THLE ; \ DEDSCAIPTION. . £ grantee... porno? 4 i ne Meta Ne as ' “wey | pede £ “Bol Over or RVR Sk Amt ne” Maen asmicet ene ee ee warnen iio iy ‘ bata i t pony : ete em ete Sena tae A Sm een Sam oe Bag catenneae afese cites tofoee wanmeee ate caret a ten ye cere on aemeeee y t Se! POWERS URE FO BOAR Fie iJ ‘once SS racer “SOS Rew erwE ee LINE, 0 Res omni OAS t . PN ghee ae tyne cme as = RS AT pe eee arma Dr go ae re ee tS cmer Raa} i al 4 . wie 4 . § . reece soem ot < cates bam Se 7 * §O' Qs w~ abcEES ROAD TC VKOSP PORTS PLANT ° 0 Are pany WAT LA AOE es 4 Bre TOM OTS oF ; i exmatatsty or roy aa . : ‘YT Pomose Lal et L 2 coe ter ME Re TN nes TE ER et thet nek ead Tek tetey cheng Y Metra emT ALO arth: he ermmne tote, Mot etht Worl nese Brar Ateae oad ave ned bate Citmne purcere by Fy MEL . = FUE WRN TEN 1CPLAN Bmore Re fers net . - 5 oy OS ae za rs « SZ _—— : aa = 5 ql f = ra ie ad z | ed Mad . 3 ts ° eed ee me ew . 7 «a . - - ” e| a. is . : . ft . ABLVTI-T SS. . “ | . F pe = ow , J Aesees hy [* rad ° ane, “re a: s FA , b - : - Sguysee se acarage * , pi 2 rd a CAtate afeteees atPehec j - ? fr x ; . i PRE Bett mer EKaAvVETATL A fg » i 2 ; : 7 + rete { wy oe mm bp ot 53 fuse Ook Pa aout ch wt eae ee * regen a a fs $4 Hi Agen: - . : hes = 7 _ he = ONE cee nett aod Le we Sow F . ss .