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Lease LEASE AGREEMENT GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT And 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 U.S. 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. U.S. sq. ft. or 0.91 U.S. acres or of improved land more- or-less. Article I 1.01 1.02 1.03 1.04 Article II 2.01 2.02 2.03 2.04 Article III 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 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 TABLE OF CONTENTS PIOMISES ...........scescsscscessessssssssnseccensseccsccscescecescssceeseceersessesssessessessesssseasessessesseseeses 1 USC... .cceescessscscsccessssesccscecscsacscsscsesescsccscescsecessasssessessesssssesoesssssoeseesassessesessesseseses 1 Development Plan a Binding Effect and Amendments 2 TOT ........cscssssssessssscsccescesssscsscscceacsnssscsecsscecessnseessesssssesonssosssessssssscscsasssssassesssseeses 2 OPTIONS ..........ccceccssesesscsscscceccencssscenesreescencsassacsceacescsscssnsenencrsesesssessesscssssoossoesoesees 2 Failure to Give POSSeSSION ...........:sccscsssscsssessceesecseccesssssssscsesessessssessseseesesseseeseese 3 Holding Over...........scsessssssscssescsscsesccscssnsecscsscsscensencesessssscsssssseesscsscsessasessesseesees 3 Annual Rent ............s:csscsscsssscssceecsssesccscsscsscsscsecssessosscsssssscsssssssssseessssssseesesssnsseeees 3 Construction Period Rent.............sccsscsssssssssesscsccscsssssesscssscnscessersesensseeessentenneens 3 Subleasing Rights and Conditions ...............ssssssssssssssssesssssssssscessssssssseseeseeeereees 4 Subleases Revenue Sharing and Additional Rent..............csssscssssecsstsecesseneeeeees 4 Payment Reporting.............ssssscsscssscssssssessescsersssrssssssssssssseeseeseseeseesseesseneseeseeenes 4 Audit Rights ...........cscscsscsssccscssscessssessssssecscsseserssesesssssssssescsnssesssssssssesseseceeseanensee 5 Readjustment of Rent............csssssssssssssersecssssssssssssscrsecsseessecessenseeeencensacenesneseeanes 5 Late Payment Charges 5 IMPFOVEMENS.............scssssescescccecccsccesecscssssssccscsscccssssssceeseesensseecsecseeseeenessseeesensens 6 Title to Improvement .............cscssesssesscsscsssersescesesessesteesereessnceneeseseescesseseosseseoseres 6 Location and Improvements...............ssssssssssssssssssserssseseseeesesesessenenencecsesseeeneacnenees 6 Real Property Tax...........:sscsssscssssssssscscssssssssssssssesecssseeesessesessensessecassecaseconessseonsoes 6 Repairs by Lessee..........ssssscsscscccsssccssesscsssssssesssssssssssssseseseseseneatensneeeaseeseneneeaseges 7 Failure of Lessee to Repair...........scssssssessssescecsssscsssssssssesssssssseesseeseensasersnenseeencnes 7 Excavation and Sorting ..........:.scsssscssscssrssssssssssssessessssseesessossncsesscssesasesesensonesees 7 Mechaniic’s Lien..............ssccscssssssssscsccssssssssecsessccssosscessessecsecusesecseeseceenensesnssesoaees 8 Liability Insurance.............c.scscssccecsscsessssscsssssssssssscsessesesenesesescersnscesenenenerseseesesoees 8 Indemnity ..........scssscsssseessescsceesscessscssescsscscssssssssserssssnecensenssensensnsensasenenenseesoesonees 8 Non-Liabillity 2.0.0.0... sccessscsssescssscsssssevscssceseseseeesrenesssesaceesesscsesscnsoseossesscesonsesaes 9 Fire and Extended Coverage by Lessee ...........::sscsssessesressesseeresesseesnssacnessseseeeasoes 9 Environmental Limitation of Liability and Indemnity 9 ACCESS tO PreMiSes..........s.scsscescsccsecsscssscsssssscsscesenseseesesseensesssasenssnssacensscsesssssnsses 9 Easement for Pipes and Water Storage Tank Facility...........cccsssssssssceceseeseeees 9 TABLE OF CONTENTS (CONT’D) 8.04 Total Taking CeO o eee reeeeerone ree eee ee Ese Eee ee Oe SO DT EEE OTL OO HOOEOSOS ESO SO DEES DESOO SEO SOSUODESOOESOO HOSS SOSS 8.05 Partial Taking Pere ere re reersereersree ree OS ee Dee ses EO SEO EEO SO DEO DEOL D OS OES OES EOS OOSSOOOHOOTSOSEOSOEHOOOOSEOSED Article IX 9.01 Cancellation Cece ere cecreeseee rece ee eee se OOO SEO OEOs OES OSSOESOEEEOEODESEOOEO DOO SE DOOD OO SODOESODODSONO OOOOH OOO ETOSES 9.02 Termination 9.03 Repossessing and Reletting 9.04 Assignment and Transfer Pee reece rec enccee sees eee esse Sees sO DO SE DOCS TETESEOOESOSOHEOLOO REO SORSEESO DES OND Article X 10.01 Notices CeCe cere cee ee eee eee eee see esse eese ee SOOO OOO ESTEE SOODES DEO ETOEOSOSOEDE LOSES ESOT ED OSOOEDOO SOO OOSSOOSODOSSOSS 10 10.02 Non-discrimination 10 10.03 Officials not to Benefit COCR Oreo e eee ere eeeee nee sEO SESE SOEESOESOSSOLOESOSOOSOOO EO DESEO OEODOSDOSEOSSESOOHOT OS 10 10.04 Agreement made in the Virgin Islands Pree errr ee 10 10.05 Cece reece reece ree ere ree reese SADE OOOO DEEP SEES SOOE OH DSOSES EOE OOSOESOOS OOO OO ONO OOSSESESSSEOSDEOSOOHOY 10 Counterparts 10.06 Cumulative Rights and Remedies 10 10.07 Interpretation Cece sree secre ese eee e see ees Oe OEE HOOE SOOO DOES DESSOSES OSE DEO DES HODET OSES OES EEODOSOSOO ESE OOSOOSOD EOS 10 10.08 11 Agreement made in Writing 10.09 Paragraph Headings Cee meee ee eee eeeseeeessee eee HEHE SSO ODOSSODEEEODEOSOH SOHO SOO EO SORE EEOLEDDEO OOO OSOOO OES 11 10.10 Invalidity of Illegality of Provisions 11 10.11 Successors and Assigns COO e Pere ere ee Oe OEee OES O COE SOO ROO SODDOEEOOEOLORSOSSOEDOOSOSOODOSOOUESTOEHESSOO OOS OSD 11 10.12 Broker POee VEST ETIrerrr rer rrr rrr rrr irri rir 11 10.13 Approvals Required Cee ere eee reece ese rere esse ee eee ese See OTTOO OOOH SOEOO LOS OORSO DOOD ESSEOSEDEOSOO OOOO SEDO SOOe 11 10.14 Entire Agreement 11 10.15 Conflict of Interest POO e er ere reer ses eee see eeess OES OOOO SEEDERS OD SODSESODEOOOOEEOOEOSOOSOSEO OSS SOSESEOESOOUONS 11 10.16 Rights of Holder of the Leasehold Mortgage COO eee eee Hee Sere EsOeEDeeLOOEO EEE OOOOEOOSOSE® 12 10.17 Compliance with Laws COO e reece rer eereeeeres ese ese ee esses SOE ESESOHOODTHSOD THOS ESOS DEEDES SESSEOSOSOOTOS HONS 12 10.18 Waiver POOR e Cece eee reese se ee EOS OE EOH OO DERET DO EESOEOOEO OES ESOEO EOS OEEOOLSESTESOSOIOSOOSOSOO TODS SEOSSOODEDOSOONS 13 10.19 Enforcement of Lease Terms PreeeeerTPere rier retire 13 10.20 Acknowledgement Preeee eer rrr errr rere 13 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI LEASE AGREEMENT THIS LEASE made this __ day of , 2025 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 sub- tenants 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 re- zoning of the Premises to a zoning designation compatible to the operations within this paragraph, as required in Paragraph 10.17. 1.03 Development Plan: Lessee has submitted to Lessor, and Lessor has reviewed and approved, a development plan detailing the proposed development of the Premises the (“Develop- ment Plan”). The Development Plan, as mutually agreed upon by the parties, shall be at- tached to this Lease as (Exhibit “D”), and is hereby incorporated into and made a part of this Lease. The Development Plan shall outline, among other things, the anticipated phases Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 1.04 of development, associated timelines, scope of work for each phase, and applicable gov- ernmental or third-party approvals. Binding Effect and Amendments: The Development Plan, as approved at the time of Lease execution, shall serve as the governing framework for development activities on the Prem- ises. The parties acknowledge, however, that circumstances may arise which necessitate changes to the timing, scope, or sequencing of development. Accordingly, the Develop- ment Plan may be amended from time to time by the mutual written agreement of Lessor and Lessee. Lessor agrees to act reasonably and in good faith when considering any such amendments. Lessor shall not unreasonably withhold, delay, or condition its consent to proposed amendments necessitated by material changes in conditions, including but not limited to regulatory requirements, availability of financing, construction delays, or market conditions. Lessor and Lessee acknowledge that development activities may be influenced by changing circumstances, including but not limited to, market conditions, regulatory re- quirements, construction delays, or force majeure events. Lessor and Lessee agree to cooperate in good faith and maintain open communication during the course of the development. Either party may request meetings at reasonable intervals to discuss progress, necessary adjustments, or concerns related to the Development Plan. Upon written request of Lessee, Lessor shall designate a representative authorized to communicate and coordinate on development matters. Each party shall designate a representative who shall be responsible for coordinating communications and approvals related to the development process. Regular meetings may be held, as mutually agreed, to assess progress and discuss any proposed changes to the Development Plan. No amendment to the Development Plan shall be effective unless set forth in a written instrument signed by both Lessor and Lessee. Neither party shall have the authority to unilaterally modify any aspect of the Development Plan. Except as expressly set forth in this Paragraph, the approval or amendment of the Development Plan shall not be construed as a waiver or modification of any other provisions of this Lease unless expressly agreed to in writing by both parties. ARTICLE Il TERM 2.01 2.02 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 “Renewal Term”) at the rent provided for in Paragraph 3.07 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. Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 2.03 2.04 RENT 3.01 3.02 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 Annual Rent: Subject to Section 3.02, the Lessee shall pay to the Lessor an Annual Rent of Thirty-Six Thousand Dollars and Zero Cents ($36,000.00) payable in equal monthly installments of Three Thousand Dollars and Zero Cents ($3,000.00) for each calendar month during the term of this Lease (the “Annual Rent”). The Annual Rent and Construction Period Rent (as defined in section 3.02) 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 forty-eight (48) months, the Construction Period is hereinafter defined in Paragraph 4.01, and Lessee shall be required to make reduced rent payments as follows: A. Lessee shall be required to pay One Thousand Dollars and Zero Cents ($1,000.00) per month, for months one through twenty-four (1-24) of this Construction Period. ee ee ee ee —— ee Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 3.03 3.04 3.05 B. Lessee shall be required to pay Two Thousand Dollars and Zero Cents ($2,000.00) per month, for months twenty-five through forty-eight (25-48) of this Construction Period. The Construction Period Rent shall not be available or extended beyond the Construction Period of forty-eight (48) months, however if improvements are delayed due to force majeure, permitting delays not caused by Lessee or Lessor’s actions, the Construction Period shall be extended. Should all 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 in the month immediately following the completion of all improvements and financial stabilization. Subleasing Rights and Conditions: The Lessee shall have the right to sublease all or any portion of the Premises with the prior written consent of the Lessor, which shall not be unreasonably withheld, conditioned, or delayed. Any sublease shall be subject to the terms and conditions of this Master Lease Agreement, and the Lessee shall remain fully liable for the performance of all obligations hereunder. Sublease Revenue Sharing and Additional Rent: As Additional Rent, the Lessee agrees to pay to the Lessor a revenue share equal to a percentage of all base rent received by the Lessee from any sublease of the Premises or any portion thereof. "Base Rent" includes all amounts actually received by Lessee from any sublessee(s) paid in connection with the sublease. Base Rent excludes (i) reimbursement for utilities, taxes, insurance, common area maintenance, repairs or other pass- through costs; (ii) security deposits; (iii) one-time fees, and (iv) any amounts not constituting periodic rental payments for use of the space. a. Lessee shall be required to pay Lessor Additional Rent of five percent (5%) of all Base Rent actually collected monthly by Lessee per month, from the first (1*) year through the fifth (5") year. b. Lessee shall be required to pay Lessor Additional Rent of ten percent (1 0%) of all Base Rent actually collected monthly by Lessee per month, from the sixth (6") year through the tenth (10%) year. c. Lessee shall be required to pay Lessor Additional Rent of fifteen percent (15%) of all Base Rent actually collected monthly by Lessee per month, from the eleventh (11") year through then fifteenth (15") year. d. Lessee shall be required to pay Lessor Additional Rent of twenty percent (20%) of all Base Rent actually collected monthly by Lessee per month, from the sixteenth (16") year through the end of the Initial Term and any Renewal Term. Payment and Reporting: The revenue share shall be calculated and paid to the Lessor on a quarterly basis, no later than the tenth (10") day of each calendar month after the close of the quarter for revenues received in the preceding quarter. Together with each payment, Lessee shall deliver a report in reasonable detail showing: i. Acopy of each active sublease; Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 3.06 3.07 il. iii. iv. 3.08 il. The base rent revenue received under each sublease. iii. Acalculation of the base rent revenue share due to the Lessor. Audit Rights: The Lessor shall have the right, upon reasonable prior notice and no more than once per calendar year, to audit the books and records of the Lessee related to any sublease revenues for the purpose of verifying compliance with this revenue sharing provision. Any underpayment of more than five percent (5%) shall be due immediately, and subject to repayment with interest at the rate of one and a half percent (1.5%) per month. If audit show overpayment by Lessee, Lessor shall reimburse with 1.5% interest. Audits shall be at Lessor’s expenses unless underpayment greater than 5%, in which case Lessee pays. Readjustment of Annual Rent: The Annual Rent payable under this Lease shall be adjusted after the fourth (4"") year of 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. 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. 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. The resulting product shall be the annual base rent for the current year. At the end of the fourth (4") year 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 Thirty-Six Thousand Dollars and Zero Cents ($36,000.00). 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. Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 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 late 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 4.01 4.02 4.03 4.04 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. Shit oa ele Sad op The improvements shall be completed no later than forty-eight (48) months of the Commencement Date of this Lease (“Construction Period”). 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 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 4.05 4.06 4.07 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. 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 3.08 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: 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 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 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 5.01 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. ARTICLE VI INSURANCE AND INDEMNITY 6.01 6.02 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 Dd Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 6.03 6.04 6.05 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. Lessee’s indemnity excludes Lessor’s negligence or willful misconduct. 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. 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 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 Vil ENTRY BY LESSOR 7.01 7.02 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 Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 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 VIII CONDEMNATION 8.01 8.02 8.03 8.04 8.05 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: . Notice of Intent and Taking. . Service of any legal process relating to condemnation of the Premises for improvements. . 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. Taking of Leasehold: Upon the total taking, Lessee’s obligation to pay rent and other charges hereunder shall 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. Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI ARTICLE IX CANCELLATION, TERMINATION AND ASSIGNMENT AND TRANSFERS 9.01 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 sixty (60) days after receipt of written notice from Lessor to cure such default unless during such sixty (60) 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. 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 Lh 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 A. 9.04 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: 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. 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 will 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. 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 A Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 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 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. Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 10.11 10.12 10;13 10.14 10.15 10.16 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. 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. Approvals Required: This Lease will not become effective unless approved by the Governor and the Legislature of the Virgin Islands. 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. Conflict_of Interest: Lessee covenants that it has no interest and will not acquire any interest, 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 Govern- ment or any agency, board, commission, or independent instrumentality of the Government, whether compensated on a salary, fee, or contractual basis); or 2. aterritorial 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. 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, Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 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 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 wd Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 (Consolidated) (Crown Bay Fill) Submarine Base, No. 6 Southside Quarter St. Thomas, USVI 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. 10.20 Force Majeure: Neither party shall be liable for delays or failures due to acts of God, hur- ricanes, pandemics, strikes, governmental actions, or other events beyond reasonable con- trol (excluding financial inability). Affected obligations extended by duration of event. 10.21 Quiet Enjoyment: Lessor covenants that Lessee shall have quiet enjoyment of the Prem- ises without interference, subject to Lease terms. [INTENTIONALLY LEFT BLANK — SIGNATURES FOLLOW] Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 Consolidated, Submarine Base, No. 6 Southside Quarter St. Thomas, USVI IN WITNESS WHEREOPF, the parties herein have hereunto set their hands and seals on the day and year first above written. WITNESSES: LESSEE: Submarine Base Warehouse, LLC Ebon, Fowel| gp, Ebon, Towe! : (Print Enrique cos dims ) ice abl Manager Me §) on Per (Sign) Dawe Betsy (Print) ACKNOWLEDGEMENT Territory of the Virgin Islands ) District of St. Thomas and St. John) ss: Before me personally appeared Enrique Rodriguez, Manager 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 off) @@,. AD. PN __ Jyotary Public Vee . NOTARY PUBLIC ~~ “== Name: LaVerne Slaek “Commision Exp. March 18, 2027 " Notary Public NP- 896-23 fs > 8t Thomas? St. John District Submarine Base Warehouse, LLC Parcel Nos. 12, 12A & 145 Consolidated, Submarine Base, No. 6 Southside Quarter St. Thomas, USVI GOVERNMENT OF THE VIRGIN ISLANDS WITNESSES BY CLD 0b HAO De Eee k Hp Aaig isa M. Alejandrc Commissioner (Print) pe Department of Property and Procurement Date LG Leiatadad Hi, lh ay l: a APPROVED AS TO LEGAL SUFFICIENCY | Gordon C. Rhea, Esq., Attorney General BY: Alt ty [ain pate: 42/12/20 5§ Asgistant Attorney General APPROVED Waitexdaw Date rv hit Honorable Albert Bryarr ir. Governor of the U.S. Virgin Islands APPROVED Date Honorable Milton E. Potter President of the 36" Legislature of the U.S Virgin Islands Exhibit A PUBLIC ROAD R.O.W. " Subbase Road " Parcel No. 41 Estate Contant Parcel No. 23 Estate Contant Parcel No. 170-Remainder (D9-8146-T008) FOUND (2) Parcels No. 9, 10, 11A, 11B & 12 Submarine Base ( Crown Bay Fill ) No. 6 Southside Quarter St. Thomas, U.S. Virgin Islands SCALE: CALC: SURVEY: APPROVED: OLG FILE NO. DATE: DWG No.: & &Brian Moseley Associates,Inc. BM A DRAWN: 6851 - 2 02 - 11 - 2022 1" = 30' D. J. S. R. C. W. A. G. B. LOCATION MAP SITE D9 - 9640 - T022 NISKY CENTER Parcel No. 12A (D9-4863-T90) R.O.W. Parcel No. 13 (D9-4863-T90) LOT No. 70 (B9-191-T88) Parcel No. 70A (D9-4863-T90) Parcel No. 170-Remainder (D9-8146-T008) Parcel No. 170-Remaind (D9-8146-T008) U . S . V I R G I N I S L A N D S P R O F E S S I O N A L L A N D S U R V E Y O R 7 7 3 L S RYAN C. WISEHART Parcel No. 12 11,456 Sq.Ft.± 0.262 Acres Parcel No. 11B 7,547 Sq.Ft.± 0.173 Acres Parcel No. 11A 7,539 Sq.Ft.± 0.173 Acres Parcel No. 10 7,002 Sq.Ft.± 0.160 Acres Parcel No. 9 4,111 Sq.Ft.± 0.094 Acres GRAPHIC SCALE ZONING REFERENCE D9-8146-T008 W-2 LEGEND IRON PIPE BOUNDPOST SET Unless Noted Otherwise UNMARKED POINT SURVEY NAIL & WASHER FOUND Gregery East Channel SET SET SET SET SET SET SET SET SET SET SET FOUND Parcel No. 114 NOTE: PARCELS NO. 9, 10, 11A, 11B & 12, ESTATE S (CROWN BAY FILL) ARE SUB-STANDARD SIZE CURRENT ZONING REQUIREMENTS. C o r r e l a t e d w / D 9 - 8 1 4 6 - T 0 0 8 S W E N Exhibit B \ \ I rd".'J'1. -;~-;·,,:.~i ,:·. ,. - / ,t- ;),\t' /· L\:,..,.. . / ~-----\-;;;~~ ,,--;-·~' - \~ ./ •• ( C:,> 1579- f70) \ , /h~cl .>hB. . •. d - '\ ' ....... I I .<:,• .,'' · /bfNII ,({,J \ , · •,, ,..,. _.. 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',11•"'• ROW PARCEL 1'5X \":., ,.,,,.-:r- 09--l86J-T90 \" 'INOER OF PARC£l !45X Tf'R TO 09--'86J-T90) PARC£L -16 09-1128-TlJ A]ANJJC OCfAN 1/' J-- / .(ff. PARCEL 145 (CO "• , .. ~,:ftt nFOl?MCR O.Dl J.C OR 5D,76l:, 0 / ATED) '/ ROW Pct 70X ., _ / / <,, ~00-= / ISLAND \!AP TE: lHISPR / / / "'.t ,s. ::,~)"' = " °"" " M • / • •, \ ,;:"'' I, m ST. 1HOM'5 ~~~·Jt~~i~s,:~: ... ~ 0 oM~N~JOW PARCEL / / :;~%~!fee / !>.~\ '. --~"~- ,4;» = •---" 1'1l~OM~s,~;:NO-:----=-::::..::.. ___ ::."ii?''" 'l.:&'C,' _,i• • - ' ' \ '<, "'.,, /OF FENCE ~~~D1'1D£ "/!.rec THE PA:C;~ R;_~ECT THE / / / • '> \'• /, CEL 11o-s AND1~0AR~~~A:~g~~ ~~rJo / '- .,=,. •..:", \ J -/ ' . / § § ;a / / ' ,q / / / CELl,O '1//, / 4D, 787 SF o~' . g PARCEL 110-1 OJ-.f.20-T91 1.1' J.C OR -REM. ,io' ff I •="• ,, I ·'"' _,_,,, ' J. I 1/ '-, . -- '-, I ' -• . '-, , N , / '-, , . •= ,. . ,, ,< J / / , , /. # .,___ I / ' ' ( _,, ' ·· ; ':~ LEGEND 0 CONCRUE J.IONUJ.ICNT FOUNO 0 IRON PIPC FOUND PARCEL 170-6 0,71 J.C OR 50,946 SF I >"'.. r--..' / ,, ~ ' u ' I '-, ' • ' ,l.c / ' -....:~ .i I ---- ""' I PARCH 169 09-429!-TBB PARCEL 110-J OJ-.f.20-T9f ----"' BGM ENGINEERS & SURVEYORS SCALE: 1. - ~a• ~"' P.O. Box 1103, St. John, VI 00831 Tel: (340) TT6.fJTT0, Fax: (340) 693-m0 bgmiller@lslands.vi so Clvll EnglnNrlng, Land Surveying, Constructk>n Management so 100 150 FIElD-,-,,.,, I OIED(£1)BY: 169 BGM BGM = 1·=50' ® IRON PIPC SEI • IRON RCBAR FOUND 0 ITNCC POST a CONCR£T'£ BOUNO SET 0 T-IRON FOUND -0- U TILi TY POLC LOCATION MAP • PK NAil SET A UNJ.IONUJ.IENTED POINT .& CONTROL POINT SET PROPCRTr LINE [S12'J4'56"W - 78.90'} RECORD DATA ffHER£ DIFFERENT FROM M£ASUR£D DA TA ZONING ISP PLAN REFERENCES: 03-420-91 09-4863-T90 09-1192-T74 FENCE LIN£ STON£ WALL CONTOUR LIN£ - 10' INTERVAL CONTOUR LINE - 2' INTERVAL SPOT CRADC REVISED 6-17-08 PARCEL 170-6, PARCEL 170 REMAINDER AND PARCEL 145 {CONSOLIDATED) {CROWN BAY LANDFILL) SUBMARINE BASE SH£CT 1 OF 1 .....,,,1 -, 71042 -8 FU: 7 1042807.DWG "'"' 1-15- 08 NO. 6 SOUlH SIDE QTR. ST. lHOMAS, U.S. V.I. Zoning Certification Division of Comprehensive and Coastal Zone Planning GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES --------0-------- DEPARTMENT OF PLANNING AND NATURAL RESOURCES 4611 Tutu Park Mall 45 Mars Hill, Frederiksted Suite 300, 2nd Floor St. Croix, VI 00840 St. Thomas, VI 00802 (340) 773-1082 (340) 774-3320 dpnr.vi.gov 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: _______________________________________ Name: Leia LaPlace Title: Territorial Planner Date: June 9, 2025 Phone: (340) 773-1082/774-3320 ext. 2215 Email: leia.laplace@dpnr.vi.gov CORPORATE DOCUMENTS [x] Business License Expires: 4/30/2026 [N/A] Tradename Registration Expires: N/A [x] Certificate of Good Standing Expires: 6/30/2026 [x] Insurance Expires: 3/19/2026 [x] Resolution Dated: 5/9/2022 [x] Articles/ Equivalent [ ] Incorporation [x] Organization [ ] Limited Partnership/ Limited Liability Partnership/ Limited Liability Limited Partnership Mailing Address SUBMARINE BASE WAREHOUSE, LLC Physical Address CHARLOTTE AMALIE ST. THOMAS VI 00802 CHARLOTTE AMALIE 56636 License No: 1-56636-2L Licensee: SUBMARINE BASE WAREHOUSE, LLC PARCEL # 12, 12A, 24 & 25 SUBBASE #4600 EST CHARLOTTE AMALIE STE #201 ST. THOMAS VI 00802 Trade Name: Business No: THE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS BUSINESS LICENSE That, in accordance with the applicable provisions of Title 3 Chapter 16 and Title 27 V.I.C. relating to the licensing of 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. KNOW ALL BY THIS PRESENT 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. Rent of Real Property Other than Buildings Types of License(s) 2025 If a renewal is desired, the holder is responsible for making application for same without any notice from this office. It is the responsibility of the Licensee to notify the Department in writing within (30) days, when a license is to be cancelled or placed in inactive status. Failure to do so will result in the assessment of penalties as authorized by law. Valid from 04/25/2025 Printed on St. Thomas,V.I. Issued at 130.00 Fee Commissioner, Department of Licensing and Consumer Affairs THIS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS 04/25/2025 until 04/30/2026 H. Nathalie Hodge 070120250809 Witness my hand and the seal of the Government of the United States Virgin Islands, on this 1st day of July, 2025. Tregenza A. Roach Lieutenant Governor United States Virgin Islands Entity Type: Domestic Limited Liability Company Entity Status: In Good Standing Registration Date: 12/15/2021 Jurisdiction: United States Virgin Islands, United States 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. I, the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that has filed in the Office of the Lieutenant Governor the SUBMARINE BASE WAREHOUSE LLC 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. To Whom These Presents Shall Come: CERTIFICATE OF GOOD STANDING Government of The United States Virgin Islands -O- Office of the Lieutenant Governor Division of Corporations & Trademarks Business Entity No. DC0116296 04/29/2025 Caribbean Risk Group Royal Palms Professional Bldg. 9053 Estate Thomas Suite 101 St. Thomas VI 00802 Diane McDonald (340) 774-2323 (888) 226-4445 dmcdonald@crgvi.com Submarine Base Warehouse Parcel 12 & Parcel 12A Submarine Base, St. Thomas VI 00802 Lloyds of London-EVE/MAR CL2542902559 A Y N I767725000 - DEC 133 03/19/2025 03/19/2026 1,000,000 100,000 10,000 1,000,000 1,000,000 1,000,000 Employee Benefits 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. Government of the Virgin Islands Department Property and Procurement 8201 Subbase 3rd Floor St. Thomas VI 00802 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER: CERTIFICATE NUMBER: COVERAGES 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 confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO 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. $ $ $ $ PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS AUTOS ONLY NON-OWNED SCHEDULED OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBER TYPE OF INSURANCE LTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $ EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE DAMAGE TO RENTED $ PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY POLICY NUMBER: I767725000-DEC 133 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Named Insured: Submarine Base Warehouse COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – 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. 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. POLICY NUMBER: I767725000-DEC 133 As required by contract Government of the Virgin Island Department of Property and Procurement 8201 Subbase 3rd Floor St. Thomas VI 008020 USVI Lieutenant Governor Filed: December 15, 2021 02:11 PM \. THE UNITED STATES VIRGIN ISLANDS BID: DCO116296 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, United States Virgin Islands, 00802, United States Principal Office or Place of Business Mailing Address Po Box 8058, Charlotte Amalie, United States Virgin Islands, 00801, | United States Business Details Perpetual Term Finance, Insurance, and Real Estate, Real Estate Nature of Business/Purpose Any and all lawful business for which a Limited Liability Company may be Additional Purpose Details: 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 lof4 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 Generated on December 15, 2021 02:12 PM Individual Mr. Enrique ERODRIGUEZ 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 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 ERODRIGUEZ 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. pdf12/15/2021 12:19 PM Signature(s) Name Position Date I DECLARE, UNDER 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 Telephone Email I DECLARE, UNDER 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 Mr. ENRIQUE E. RODRIGUEZ Organizer 11/01/2021 Yes Mr. EARL JOHN KELLY (1) 787-403-5375 kikiusvi@aol.com Yes Generated on December 15, 2021 02:12 PM 3 of 4 PENALTIES PURSUANT TO THE FRAUDULENT CLAIMS STATUTE AS SET FORTH IN 14 V.I.C. § 843. 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, me a Enrique E. Rodriguez Sole Member Witness: Creare Cv RICLD pate <i §/ / JQo>7 (print name) Exhibit D a is a Wit ii TF og a || =e is N ee A a ee, fl 3 ; | ' TS - re eae ¥ » go’ oar nana = Shbattl pas seg —S Pres He eats = es os Ee 9 wate os coe Ow® Rees VS Ben Seg Q Yo? PARCELS NO. 12 & 12A SUBBASE ne) > 2 eo & (Grawm sa PROJECT OVERVIEW FLEXIBLE COMMERCIAL-RETAIL- OFFICE-WAREHOUSE BUILDING This proposed building site was previously destroyed and has long been underutilized. It is situated on a major roadway in and out of the Subbase area. SBW proposes to develop this site by constructing an aesthetically pleasing 6,000 sq. ft. building with a flexible floor plan, that can be built out to the subtenants’ specific needs. The building will bring well maintained, affordable & additionally needed space to the Subbase area. This location when developed will offer ideal spaces for local and visitor-targeted retail, office and commercial businesses. The facility will include an emergency standby generator and a roof- mounted solar array to offset utility costs. SBW is interested in a 50-year ground lease, and optional terms, with an incremental base rent. This project can be completed within 18-24 months after it is CZM permitted. Planned improvements will enhance the general appearance of the Subbase area, create needed leasable space in the area, generate new permanent jobs all expanding the GVI tax base. NO. 12 & 12A SUBBASE 6000 SQ FT FLEXIBLE COMMERCIAL-OFFICE-RETAIL-WAREHOUSE BUILDING - See above illustrations of potential floor space configurations - PROJECT LOCATION NO. 12 & 12A SUBBASE SITE UTILIZATION LAYOUT • ACROSS FROM NISKY CENTER AND NEAR THE VETERAN’S DRIVE & MORAVIAN HIGHWAY • CONVENIENTLY LOCATED NEXT TO THE CROWN BAY CARGO PORT AND CRUISE SHIP DOCK FACILITY • LOCATED NEAR THE SUBBASE INDUSTRIAL AREA • CENTRALLY LOCATED TO AND BETWEEN DOWNTOWN CHARLOTTE AMALIE AND CEK AIRPORT PROPOSAL PARCELS NO. 24 & 25 and 12 & 12A SUBBASE, ST. THOMAS USVI SUBMARINE BASE WAREHOUSE, LLC subbasewarehousevi@gmail.com PARCELS NO. 145 SUBBASE NEW CONSTRUCTION OF BUILDING A ELEVATION RENDERING COMPLETE REDESIGN & NEW CONSTRUCTION BUILDING A Parcel No. 25 Building A is the former site of a warehouse that was destroyed in 2017. SBW proposes to rebuild a steel framed warehouse building on the site within the footprint of the old building. The 6000 sq. ft. building will be divided into four (4) 1500 sq ft individual bays with a loading dock, and restrooms. An emergency generator will also be installed to support the property, and a roof-mounted solar array to offset utility costs. We anticipate this building, and its spaces can offer alternate locations to current tenants of VI Port Authority, who are to be soon displaced by the planned redevelopment and expansion of the Crown Bay Cruise Facility. GVI Proof of Ownership QUITCLAIM DEED Tais QUITCLAIN DGED, made this 77 ee Oe —Lebussreg= -_, 1967, by and between the United States of Anerica, acting by and through the Secretary of the Interior, and the Govexnument of the Virgin Islands, WITNESSETI: WHEREAS, the Government of the Virgin Islands has requested the Secretary of the Interior to convey the lands hereinafter described to the Govermment of the Virgin Islands, pursuant to the Territorial Submerged Lands Act, TT Stat. 338, 48 U.S.C. 1701 (1963), for specific econouic development purposes; and WHEREAS, pursuant to Section 1(c) of the said Act, oa December 13, 1966, an explanatory statement was submitted to the Commitvees on Interior and Insular Affairs of the Senate and House of Representatives of the United States Congress; and WHEREAS, by letter dated January 5, 1967, the Chairman of the House Committee on Interior end Insular Affairs and by letter dateu December 16, 1966, the Chairman of the Senate Comittee on interior and Insular Affairs have informed the Secretary of the Interior that vhey wish to take no action with respect to the proposed conveyance; anc e WHEREAS , notice of this conveyance of the lands hereinarver dcocsived has been published in the Virgin Islands in tho mauner aud for wequired by Section 1(e) of the said Act; NOW, THEREFORE, the United States does hereby transfer ana convey unto the Government of the Virgin Islands, in accordance with and suoject to the said Act, and the terms and conditions hereo?, all its vight, title and interest in the following described lands: . -TRACT (4+) SECTION (1) FORMER NAVAL SUBMARINE BASE, ST. THOMAS, V.I. neierence P.W.Drawing No.A3-97-T664. Beginning at point "A" located North 7 degrees OO minutes West, a distance of 255.0 feet, from the northwest corner of the tender pier, the line runs: North 24 degrees 30 minutes East, a distance of 600.0 feet, to a point; thence North 1 degree 45 minutes West, a distance of 100.0 feet, to a point; thence South 55 degrees 30 minutes East, a distance of 190.0 feet, to a point; thence North 34 degrees OO minutes East, a distance of 200.0 feet, to a point; thence North 56 degrees 00 minutes East, a distance of 175.0 feet, to a point; thence South 35 degrees 30 minutes West, a distance of 640.0 feet, to ajpoint; thence South 49 degrees 25 minutes East, a distance of 175.0 feet, to a point; thence South 26 degrees 37 minutes West, a distance of 77.8 feet, to a point; thence North 58 degrees 50 minutes West, a distance of 170.0 feet, to a point; thence South 34 degrees 15 minutes West, a distance of 400.0 feet, to a point; thence South 56 degrees 30 mimutes East, a distance of 100.0 feet, to a point; thence South 41 degrees 30 minutes West, a distance of 55.0 feet, to a point; thence North 59 degrees 10 minutes West, a distance of 100.0 feet, to the point of beginning. The area is 2.80 acres Ail distances are in U.S. Feet. TRACT (4) SECTION (2) FORMER NAVAL SUBMARINE BASE, ST. THOMAS, V.I. Boginniay at Point "X" located on the shoreline and being the southeasy corner of tract 3 (U.D.2. training facilities) the line runs: South 37 degrees 18 minutes West, a distance of 55.0 feet to & point; thence North 52 degrees 40 minutes West, a distance of 252.5 feet, to a point; thence South 37 degrees 18 minutes West, a distance of 110.0 feet, to a point; thence North 2° degrees 00 minutes West, a distance of 30.0 feet, to @ point; thence bale North 37 degrees 18 minutes East, a distance of 370.0 feet, to a point; thence North 52 degrees 42 minutes West, @ distance of 115.0 feet, to @ point; thence South 6S degrees 18 minutes West, a distance of 156.0 feet, to a point; thence South 60 degrees 38 minutes West, a distance of 30.0 feet, to a point; thence North 43 degrees 20 minutes East, a distance of 6.0 feet, to a point; thence North 63 degrees 30 minutes East, a distance of 190.0 feet, to a point; thence North 69 degrees 40 minutes East, a distance of 250.0 feet, toa point; thence North 51 degrees 10 minutes East, a distance of 200.0 feet, to a point; thence South 85 degrees 05 minutes East, a Gistance of 16.0 feet, to a point; thence South 7l degrees OO minutes East, a distance of 110.0 feet, to alpoint; thence North 66 degrees 10 minutes East, a distance of 95.0 feet, to @ point; thence South 37 degrees 18 minutes West, a distance of 50.0 feet, to a point; thence Along the shore line passing pier "C" and pier "B", to the point of beginning. The area is 6.47 acres Ali distances are in U.S. feet TRACT (4) SECTION: (3) FORMER NAVAL SUBMARINE BASE, ST. THOMAS, V.I. Beginning at point "C" located North 85 degrees 30 minutes East, 6 distance of 760.0 feet, from V.I. Corporation, Monument 2, the line runs: North 51 degrees 15 minutes East, a distance of 90.0 feet, to a point; thence North 57 degrees 00 minutes East, a distance of 110.0 feet, to & point; thence North 77 degrees 00 minutes East, a distance of 45.0 feet, to @ point; thence South 43 degrees 40 minutes East, a distance of 130.0 feet, to a point; thence South 12 degrees OO minutes East, & distance of 90.0 feet, to a point; thence South 23 degrees 30 minutes West, a distance of 340.0 feet, toa point; thence South 40 degrees 00 minutes West, a distance of 125.0 feet, to a point; tuence 7 Sour. 168 degrees 00 minutes West, a distance of 110.0 feet, to a point; then South 4 degrees O5 minutes West, a distance of 170.0 feet, to a point; thence ‘South LT degrees 30 minutes West, a distance of 60.0 fect, to a point on the shore line; thence Along the shoreline in a general northerly direction, to the point of veginning. The area is 1.54 acres ’ All distances are in U.S. Feet TRACT (4) SECTION (4) FORMER NAVAL | SUBMARINE BASE, ST. THOMAS, V.I. Reference: Y & D Drawing No. 839 062 also P.W.Drawing No.AB-97-TSé. Beginning at a point located North 87 degrees 00 minutes East, a distance of 100.0 feet, from V.I. Corp. Monument 2, the line runs: South 75 degrees 45 minutes West, a distance of 100.0 feet, to a point; thence South & degrees 45 minutes West, a distance of 280.0 feet, to a point; thence South 17 degrees 00 minutes East, a distance of 170.0 feet, to a point; thena South 61 degrees 50 minutes East, a distance of 100.0 feet, to a point; thenc: South 49 degrees 15 minutes East, a distance of 150.0 feet, to a point; thenc South 64 degrees 20 minutes East, a distance of 95.0 feet, to a point; thence South 3 degrees 45 minutes West, a distance of 135.0 feet, to a point; thenc South 16 degrees 30 minutes West, a distance of 140.0 feet, to a point; thence North 29 degrees 15 minutes West, a distance of 130.0 feet, to a point; thence North 5 degrees 15 minutes West, a distance of 120.0 feet, to a point; thence North 37 degrees 00 minutes West, a distance of 95.0 feet, to a point; thence North 71 degrees 50 minutes West, a distance of 145.0 feet, to a point; thenc North 17 degrees 45 minutes West, a distance of 100.0 feet, to @ point; thenc North 33 degrees 45 minutes West, a distance of 60.0 feet, to a point; thence bok ~ North 9 degrees 45 minutes East, a distance of 160.0 feet, to a point; thence North 12 degrecs 15 minutes West, a distance of 95.0 fect,.to a point; thence North 20 degrees OO minutes East, a distance of 130.0 feet, to a point; thence North 49 degrees 45 minutes East, a distance of 50.0 feet, to & point; thence South 79 degrees 20 minutes East, a distance of 87.3 feet, to the point of beginning. The area is 1.37 acres All distances are in U.S. feet As required by Section 1(e) of the Territorial Submerged lands Act, this conveyance is made without the; power or right to _~ reconvey vitle to the subject lands. The United States excepts and veserves all deposits of oil, gas, and other minerals, but the term "minerals" shall not incluée sand, gravel, or coral. TO HAVE AND TO HOLD the same unto-and to the use of the Goverment oF Virgin Islands eee: . IN WITNESS WHEREOF, the/Secretary of the Interior has signed and sealed this deed in behalf of the United States on the Gay and year first above written. UNITED STATES OF AMERICA FEB 9,- 195 undet Secretary of the interior in the presence of: OF RECEIVED ACKNOWLEDGMENT DISTRICT OF COLUMBIA) 8s CIgY OF WASHINGION ) Oa this vA Lhe day of Pielrueas ZL m th aT / a Z 73 p yee 7 & .ovary ? ? ing 7 Ss e tu mmet ng | ins _ “DISTRICT OF COLUMBIA To uu Wuox Tuzse Parsenss Sutatt Come, Greerine: 4 Centiry tatar Seeocanciae MARYS M._BROWN whose name is subscribed to the apa <8 Sees ubs accompa: instrumont, was at the time of signing ibe aaa i Notary Pu 3 S34 {othe Diet of Columb aad duly cocimingon nisdonod cad eushorized by the laws of said Datars Ou to © Aci ace iotramente in writing to be recorded in said Dis ‘and to tenements, or hereditaments, and oth District, administer oaths; ate Iam well acquainted wit tai of said No Public and verily believe that the af ture and impression of sea!’ ti Stic, ther Stiparion wil again aad Tapeeie fetes NE Od is ene ix Wirwess Wxeazor, the Secretary to the Boand of Commissio ioners of the District of Columbia, has hereunt : sans the Seal of the Distt of Cosi to be nised'at Bend, °f, lumbis, fas bere 20 day of FEBRUARY OBZ naa annee (D.0, SEAL) Ze ae 12 copra: 1 whiny. Te 2 GLEE, ROTARY PUBL Eee ee) = o —_— uw we —_ i, ‘ www? es o=a ee Lo S. eS os — = 2 c S 9 s % AMENDMENT TO QUITCLAIM DSED This AMENDMENT made this /3TR day of April, 1967, vy anc between the United States of America, acting through the Under Secretary of the Interior, and the Government of the Virgin Islands, acting through oa dotamant or the Virgin Islands, WITNESSETH: WHEREAS, by quitclaim deed dated February 9, 1967, a coxy of which is attached hereto and made a part hereof, the United States os Azerica acting through the Secretary of the Interior, conveyed vie lands described therein to the Government of the Virgin Islands purstant to the Territorial Submerged lands Act, T7 Stat. 336, ~w U.S.C.;3 and WHEREAS, the Government of the Virgin Islands wishes to <sansfer certain of the lands thus conveyed to it to the Virgin islencs Water and Power Authority; and WHEREAS, pursuant to section i(c) of the said Act, on Moreh 31, 1957, an explanatory statement was submitted to the camittees on Interior and Insular Affairs of the Senate and House QQ vu? Repeesentatives of the United Steves Congress; and WHEREAS, by letter dated April 10, 1967, the Chairnan of wae House heaves on Interior and Insular Affairs and by letter ated April 10, 1967, the Chairman of the Senate Committee on interior and Insular Affairs nave informed the Secretary of the Interior that <heir respective Committees have no objections to the proposed transfer; - and Act No. 2375 VIRGIN ISLANDS SESSION LAWS FIFTEENTH SPECIAL SESSION Act No. 2378 Section 4. All laws or parts of laws inconsistent or in co with any provisions of this Act are, to the extent of such inco tency or conflict, repealed. Section 5. This Act shall become effective immediately excep that the provisions of sections 1 and 3 shall become effective such date as shall be fixed by the Legislature by law afte approval of the creation of the Virgin Islands Port Authority by Secretary of the Interior pursuant to section 16(a) of the Revi: Organic Act of the Virgin Islands, as amended, is received. (BILL 3865) No. 2377 (Approved January 10, 1969) - To Further Amend the Composition of the Virgin Islands Law Enforcement Commission. Beit enacted by the Legislature of the Virgin Islands: Section 1. Section 2, Title 3 of the Virgin Islands Code is amend- d by changing subsection (c) (1) thereof, to read as follows: Approved December 24, 1968. “(c) The Board shall be composed of nineteen members as “(1) as ex officio members, the Attorney General of the Vir- gin Islands, who shall also serve as Chairman of the Board, the Commissioner of Public Safety, the Commissioner of Social Wel- are, the Commissioner of Education, the Presiding Judge of the lunicipal Court, the Chairman of the Virgin Islands Parole Board, he Executive Secretary of the Virgin Islands Commission on luman Resources, the Director of the Division of Special Projects ithin the Office of the Governor, established by 3 V.I.C. § 22, the xecutive Secretary of the Virgin Islands Commission on Youth, he Chief Probation Officer of the Virgin Islands (or the designee f any of the foregoing when such designation is approved by the overnor), and the respective Chairmen of the &t. Croix, ¢. Thomas and St. John Citizens Advisory Committees on Law orcement, and the persons elected by the highest number of (BILL 3864) No. 2376 (Approved January 8, 1969) To Authorize the Participation of the Virgin Islands of the U States in the Inauguration of President Richard M. N ixon, Make an Appropriation Therefor, and for Other Purpose Be it enacted by the Legislature of the Virgin Islands: Section 1. The Governor of the Virgin Islands and the Preside of the Legislature are hereby authorized to arrange for approp representation and participation of the Virgin Islands in th ~ to the Board of Education in St. Croix, St. John and t. Thomas, respectively, at the most recently conducted election; nd”. Approved January 10, 1969. ~~guration of President Richard M. Nixon on January 20, 1969.— Section 2. There is hereby appropriated out of the General Ft in the Treasury of the Virgin Islands, fiscal year July 1, 196 June 30, 1969, the sum of $17,000 for personal services, travel transportation, and all other expenses, including the constructio of an appropriate float, which sum shall be available to the Legi lature for payment of all necessary expenses to carry out the pro- visions of this Act. (BILL 3873) No. 2378 (Approved January 10, 1969) To Amend Act No. 2225 (Bill No. 3662), Seventh Legislature, Highth Special Session 1968, Relating to the Designation and Redesignation by Name of Public Facilities in the Virgin Islands. 411 Approved January 8, 1969. 410, ~~ ss Se Tt eee Pee ir a i Act No. 3056 VIRGIN ISLANDS SESSION LAWS 1971 council shall insofar as possible be geographical. No member of the council shall be a licensee under this chapter. The council shall organize, elect a chairman and thereafter meet upon call of the chairman through the Commissioner. The council shall counsel and advise with the Commissioner and make recommendations relative to the operation and regulation of the industry. Such advisory coun- cil members as are appointed by the Commissioner shall serve without pay; however, Government per diem and travel allowances may be claimed for attendance at arian called meetings of the council as provided. § 1324. Attorney General; enforcement The Attorney General shall be attorney for the Commissioner in the enforcement of this chapter and shall conduct any investiga- tions incidental to its enforcement. § 13825. Waiver of experience requirements The Commissioner shall waive the experience requirements spec- ified in section 1304 of this chapter in the case of any applicant for a license under this chapter if the applicant meets the other requirements of this chapter and if the applicant is conducting a private investigative agency or a watchman, guard or patrol agency on the effective date of this chapter. Section 2, The Act shall be effective August 1, 1971. Approved May 28, 1971. (BILL 5055) No. 3057 (Approved May 28, 1971) To Amend Title 29, Chapter 10, Relating to the Virgin Islands Port Authority. Be it enacted by the Legislature of the Virgin Islands: Section 1. Subsection (a) of section 541 of Title 29 is amended by striking out the phrase ‘“‘The Governor of the Virgin Islands and the Director of the Budget” and substituting therefor the follow- ing phrase: 214 a re = els = Wii 1971 REGULAR SESSION Act No, 3057 “Any two members of his cabinet designated by the Governor”. Section 2. Subsection (b) of section 541 of Title 29, Virgin Islands Code, is amended to read as follows: (b) The term of office of each member shall be three years and each shall be eligible for reappointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term. Section 3. Subsection (c) of section 541 of Title 29, Virgin Islands Code, is amended to read as follows: (c) Of the said seven persons, three shall be residents of the Island of St. Thomas, three shall be residents of the Island of St. Croix, and one shall be a resident of the Island of St. John. Section 4. Subsection (c) of section 542 of Title 29, Virgin Islands Code, is amended to read as follows: (c) The Board shall appoint in addition to the Executive Direc- tor of the Authority, such other officers, agents, or employees, permanent or temporary, and by contract or otherwise may employ such consulting engineers, superintendents, managers, fiscal, legal and other technical experts, as it may deem necessary and shall determine their qualifications, duties, tenure and compensation. The bylaws of the Authority may provide for the delegation to its Executive Director or its other officers, agent or employees of such of the powers and duties of the Authority as the Board may deem proper. Section 5. The first sentence of section 543 of Title 29, Virgin Islands Code, as far as the first semicolon, is hereby amended to read as follows: The purposes of the Authority shall be to establish, acquire, construct, develop and improve, own, operate and manage any and all types of air and marine terminals; Section 6. The sentence at the end of subparagraph (6) of sec- tion 543 of Title 29, Virgin Islands Code, is amended to read as follows: In no case shall the Authority have the power to sell, lease, assign, mortgage, pledge or otherwise dispose of or encumber any real property without the approval of the Legislature (of the Commit- tee of the Whole of the Legislature when the Legislature is not in session), and the Governor; Provided, however, That leases for a term of one year or less shall not require such approval; & 215 Act No. 3057 VIRGIN ISLANDS SESSION LAWS 1971 Section 7. Subsection (a) of section 551 of Title 29 is amended by deleting therefrom the following provision: Provided, further, That of the total amount of bonds which may be outstanding at any one time hereunder, not less than thirty million dollars shall be available exclusively for facilities on the Island of St. Thomas, not less than thirty million dollars shall be available exclusively for facilities on the Island of St. Croix, and not less than five million dollars shall be available exclusively for facilities on the Island of St. John; Section 8. Section 561 of Title 29, Virgin Islands Code, is hereby amended by the deletion of subsection (b) thereof. Section 9. Subsection (c) of section 561 of Title 29 of the Vir- gin Islands Code, is amended by adding the following at the end thereof: Any of the real property which was transferred to the Authority pursuant to paragraph (a) of section 3 of Act No. 2875 (approved December 24, 1968) which does not constitute facilities related to the airport and/or marine activities of the Authority shall be retransferred to the Government of the Virgin Islands. Such trans- fer shall be effective as of July 1, 1971, and shall be evidenced by appropriate deeds of conveyance or other legal] instruments. Section 10. Section 576 of Title 29 of the Virgin Islands Code, is hereby repealed. Section 11. All activities of the Authority, its properties and personnel, other than that involving Marine and Aviation, and including housing units, beaches, real property leases, fire fighting units shall be transferred to the Government of the Virgin Islands effective July 1, 1971, provided that in the transferral of personnel employees currently holding positions with the Port Authority shall be given preference in appointments to the extent that such jobs are retained by the Government of the Virgin Islands. Section 12. Land in eastern St. Thomas which has been acquired for the development of a new airport shall not be used for any other purpose without the prior approval of the Governor and the Legislature of the Virgin Islands. Section 13. It is hereby declared that none of the foregoing amendments, separately or collectively, is intended to affect in any way ‘any obligation of the Authority arising out of its issuance of bonds, or any other evidence of indebtedness, or any contract, £216 1971 REGULAR SESSION Act No, 3058 lease or other obligation heretofore entered into by the Authority or its predecessors. - Section 14, There is hereby appropriated to the Virgin Islands Port Authority the sum of $700,000 out of any available funds in the Treasury of the Virgin Islands for fiscal year ending June 30, 1971, to remain available until expended. Approved May 28, 1971. (BILL 5069) No. 3058 (Approved May 28, 1971) To Amend Title 18 of the Virgin Islands Code, Pertaining to Elections; To Lower the Voting Age and Remove Literacy Requirements for Electors; and Provide Additional Opportunities for the Registration of Electors. Be it enacted by the Legislature of the Virgin Islands: Section 1. Section 261 of chapter 13 of Title 18, Virgin Islands Code, is hereby amended to read as follows: “Except as provided in this chapter, every resident of the Virgin Islands, who is a citizen of the United States and is 18 years of age or over, has the right to franchise, and shal] be entitled to vote at all elections if he or she has complied with the provisions of this title requiring and regulating the registration of its electors.” Section 2. Sections 1 and 4 of Act No. 2887 (Bill No. 4663), Eighth Legislature of the Virgin Islands, Regular Session 1970, are hereby repealed. Section 3. Subsections (d) and (e) of section 100 of chapter 5 of Title 18, Virgin Islands Code, are redesignated as subsec- tions (e) and (f), respectively, and a new subsection (d) is added to said section 100 to read as follows: “(d) If the applicant for registration shall allege inability to sign his name, then he shall be required to present affidavits, sub- scribed in person before a member of the board or the clerk, of two electors who are personally acquainted with the applicant and who know his qualifications as an elector. Each of said two electors shall state in his affidavit the applicant’s residence, his own resi- dence, his knowledge of the statement made by the applicant he * 217