USVI Public Records

Document text

? : LEASE AGREEMENT L 4! LEASE AGREEMENT PREMISES: GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT And DM HOSPITALITY, LLC a) Parcel No. 2C Crystal Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands, consisting of a two (2) story building residing on 967 U.S. sq. ft. or 0.22 U.S. acre(s) of improved land more-or-less; and b) A portion of Parcel No. 3 Crystal Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands, consisting of a two (2) story building of 1,650 U.S. sq. ft. or 0.037 U.S. acre(s) of improved land more-or-less. TABLE OF CONTENTS Article I 1.01 Premises .1 1.02 Access 1 1.03 Use 2 Article II 2.01 Term 2 2.02 Options 2 2.03 Failure to Give Possession 2 2.04 Holding Over 2 Article III 3.01 Annual Rent 3 3.02 Construction & Stabilization Period Rent 3 3.03 Readjustment of Rent 4 3.04 Late Payment Charges 4 Article IV 4.01 Improvements 5 4.02 Title to Improvements 5 4.03 Location and Improvements 5 4.04 Real Property Tax 5 4.05 Repairs by Lessee 6 4.06 Failure of Lessee to Repair 6 4.07 Excavation and Sorting 6 Article V 5.01 Mechanic’s Lien 6 Article VI 6.01 Liability Insurance 7 6.02 Indemnity 7 6.03 Non-Liability 7 6.04 Fire and Extended Coverage by Lessee 8 Article VII 7.01 Access to Premises 8 7.02 Easement for Pipes and Water Storage Tank Facility 8 Article VIII 8.01 Notice of Condemnation 8 8.02 Rights of Lessor and Lessee 8 8.03 Taking of Leasehold 9 8.04 Total Taking 9 8.05 Partial Taking 9 TABLE OF CONTENTS (CONT’D’) Article IX 9.01 Cancellation 9 9.02 Termination 10 9.03 Repossessing and Reletting 10 9.04 Assignment and Transfer 11 9.05 Subleasing 11 Article X 10.01 Notices 11 10.02 Non-discrimination 11 10.03 Officials not to Benefit 11 10.04 Agreement made in the Virgin Islands 11 10.05 Counterparts 11 10.06 Cumulative Rights and Remedies 12 10.07 Interpretation 12 10.08 Agreement made in Writing 12 10.09 Paragraph Headings 12 10.10 Invalidity of Illegality of Provisions 12 10.11 Successors and Assigns 12 10.12 Broker 12 10.13 Approvals Required 12 10.14 Entire Agreement 12 10.15 Conflictoflnterest 12 10.16 Rights of Holder of the Leasehold Mortgage 13 10.17 Compliance with Laws 14 10.18 Waiver 14 10.19 Enforcement of Lease Terms 14 10.20 Acknowledgement 15 LEASE AGREEMENT THIS LEASE made this ____ day of _________, 20, by and between the GOVERNMENT OF THE VIRGIN ISLANDS, acting through its Commissioner of the Department of Property and Procurement, (hereinafter “Lessor” or “Government”) and DM Hospitality, LLC whose mailing address is P.O. Box 1386, St. Thomas, U.S. Virgin Islands 00804, (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: a) Parcel No. 2C Crystal Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands, consisting of a two (2) story building residing on 967 U.S. sq. ft. or 0.22 U.S. acre(s) of improved land more-or-less (hereinafter “Premises A”); which is zoned P for “Public.” The aforesaid Premises is shown on a Map Geo aerial image a copy of which is attached and made a part hereof as Exhibit “B”; and b) A portion of Parcel No. 3 Crystal Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands, consisting of a two (2) story building of 1,650 U.S. sq. ft. or 0.037 U.S. acre(s) of improved land more-or-less (hereinafter “Premises B”); which is zoned P for “Public.” The aforesaid Premises is shown on a Measure Brief dated August 26, 1866, a copy of which is attached and made a part hereof as Exhibit “A,” with further delineation of the Premises on a Map Geo aerial image as Exhibit “B,” also made a part hereof. Collectively, Premises A and B shall be referred to as “Premises.” 1.02 Access: At all times throughout the term ofthe Lease, Lessee, and its employees, agents, and subcontractors, shall have non-exclusive twenty-four (24) hours per day, seven (7) days per week access for pedestrian easement, parking, and vehicular access for ingress and egress from the public road over the following parcels: 1. Parcel Nos. 2A, 2B, Crystal Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands; and 2. A portion of Parcel No. 3 Crystal Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands; and 3. A portion of Parcel 2b Commandant Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands. DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, St. Thomas US. Virgin Islands Delineated on (Exhibit “C”) from an open and improved public road to the Premises, for the purpose of ingress and egress unto the Premises, Lessor grants to Lessee easements for such access. 1.03 : The Lessee shall use the hereby Premises to operate a food and beverage management company with a bakery and deli, jewelry business management company and other related purposes. Said use is contingent on the Lessee obtaining and maintaining the required permits, licenses, and any required rezoning ofthe Premises to a zoning designation compatible to the operation of same, as required in Paragraph 10.17. ARTICLE II TERM 2.01 Initial Term: The term of this Lease shall be for a period of thirty (30) years (“Initial Term”) commencing on the first (Ist) day of the month following approval by the Legislature of the Virgin Islands (“Commencement Date”). 2.02 Options: If Lessee is not in default in the performance of any material condition of this Lease at the expiration ofthe Initial Term, Lessee shall have the option to renew this Lease for two (2) additional terms often (10) years each (each a “Renewal Term”) at the rent provided for in Paragraph 3.03 hereof by giving written notice of such renewal at least thirty (30) days prior to the expiration of the Initial Term in the case of the first (ist) renewal or at least thirty (30) days prior to the expiration of the Renewal Term in the case of the second renewal. 2.03 Failure to Give Possession: 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. 2.04 Holding Over: If Lessee remains in possession ofthe 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 ofthe preceding sentence in this Lease shall not be construed as Lessor’s consent for Lessee to hold-over. LESSEES DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 C’ystal Gade Queen ‘s Quarter, St. Thomas US. Virgin Islands The Stabilization Period Rent will not be available or extended beyond the Stabilization Period ending in the one hundred and twentieth month under the Initial Term. 3.03 Readjustment of Rent: The rent payable under this Lease shall be adjusted after the first (lst) ten (10) years 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 i The CPI as of the first (1so) month of the eleventh(1 ith) year and as of the first (1st) month of each subsequent Lease year shall be the base price index and the CPI as of the month immediately preceding the first (Ist) month of any Lease year after the first (1) Lease year of the Term shall be the current price index. ii. The current price index shall be divided by the base price index, and the quotient thereof shall be multiplied by the annual rent of the prior year. iii. The resulting product shall be the annual base rent for the current year. iv. At the end of the first (ist) year or first ten years 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 month of each Lease year of the Lease Term for the current price index. In no event shall any rent determined in the above manner be reduced below the annual rent of Twelve Thousand Dollars and Zero Cents ($12,000.00). 3.04 Late Payment Charges Lessee acknowledges that late payment by Lessee to Government of rent and all other charges provided for under this Lease will cause Government to incur costs not contemplated by this Lease, the exact amount of such costs includes without limitation, processing, and accounting charges. Therefore, if any installment of rent or any other charge due from Lessee is not received by Government within ten (10) days of the due date, Lessee shall pay to Government an additional ten percent (10%) of the amount owed for monthly rent or any other charges, including but not limited to repair costs and attorney’s fees, as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that the Government will incur by reason of the 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. DM Hospitality, LLC Parcel Nos. 2C Ciystal Gade & portion of3 Crystal Gacle Queen ‘s Quarter, St. Thomas U.S. Virgin Islands ARTICLE IV IMPROVEMENTS 4.01 Improvements: As a part of the consideration for this agreement, the Lessee shall make at its own cost and expense the following Improvements (the ‘Improvements”) owned by Lessee at an estimated cost of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) which is hereby approved by the Commissioner of Property and Procurement. The Lessee shall be responsible for ensuring that all Improvements are completed in accordance with applicable laws, codes, and regulations, and that all necessary permits and approvals are obtained. Improvements to be made to the Premises are as follows: LIST OF IMPROVEMENTS 1) Obtain all required permits and specifically approval of the Historic Preservation Committee (if required); 2) Repair or renovate the building as needed, interior, electrical, plumbing, HVAC and mechanical systems as needed; and 3) Install an emergency backup generator, security lighting and cameras. The Improvements shall be completed no later than thirty-six (36) months from 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. 4.02 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. 4.03 Location and Improvements: The above-mentioned improvements are located at Parcel No. 2C Crystal Gade, and a portion of Parcel No. 3 Crystal Gade, Queen’s Quarter, St. Thomas, U.S. Virgin Islands. 4.04 Real Property Tax: Upon the completion of any improvements constructed on the Premises, Lessee shall notify Lessor, who shall notify the Tax Assessor for the purpose of making an assessment of the value of the improvements. Lessee hereby agrees to pay any and all taxes, assessments, and other charges of any description levied or assessed during the term of this Lease by the Office of the Lieutenant Governor, Tax Assessor, on or against any improvements constructed by Lessee or other equipment or f tures A4f DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, St. Thomas US. Virgin Islands installed by Lessee on the Premises. Assessments shall only apply to those improvements owned by Lessee during the term of this Lease. 4.05 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. 4.06 Failure of Lessee to Repair: In the event the Lessee, after it shall have been given a twenty (20) 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 3.04, shall be paid by the Lessee as additional rent. 4.07 Excavation and Sorting: If any excavation shall be made or contemplated to be made for building or other purposes upon property or streets adjacent to or nearby the Premises, Lessee either: a. shall afford to the person or persons causing or authorized to cause such excavation the right to enter upon the Premises for the purpose of doing such work as such person or persons shall consider to be necessary to preserve any of the walls or structures of the improvements on the Premises from injury or damage and support the same by the 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, abatement, or reduction 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 aiy notice of DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, St. Thomas US. Virgin Islands 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 ofthe 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. IfLessee 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 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 (1) 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. 6.02 Indemnity: Lessee agrees to indemnify and hold Lessor harmless from and against any and all claims and demands (unless resulting from the negligence of the Lessor, its agents, contractors, servants, or employees) for or in connection with, any accident, injury or damage whatsoever caused to any person or property arising, directly or indirectly, out of the business conducted on the Premises leased herein or occurring in, on or about said Premises or any adjacent area under the control ofthe 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. 6.03 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. LESSEES DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, St. Thomas U.S. Virgin Islands 6.04 Fire and Extended Coverage by Lessee: Lessee shall keep all buildings on the Premises insured against loss or damage by fire, windstorm, and earthquake with the usually 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. All policies shall name the Lessor as the loss payee. ARTICLE VII ENTRY BY LESSOR 7.01 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. 7.02 Easement for Pipes and Water Storage Tank Facility: Lessee shall permit Lessor or its designees to erect, use, maintain, and repair pipes, water storage tank facility, cables, and wires, on or through the Premises as and to the extent that Lessor may or hereafter deem to be necessary or appropriate. All such work shall be done, so far as practicable, in such manner as to avoid interference with Lessee’s use of the Premises. ARTICLE VIII CONDEMNATION 8.01 Notice of Condemnation: The party receiving any notice of the kind specified below which involves the Premises shall promptly give the other party notice of the receipt, contents, and date of the notice received, which shall include: a. Notice of Intent of Taking. b. Service of any legal process relating to condemnation of the Premises for improvements. c. Notice in connection with any proceedings or negotiations with respect to such a condemnation. 8.02 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. LESSEES NI DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, St. Thomas U.S. Virgin Islands 8.03 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. 8.04 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. 8.05 Partial Taking: Upon a partial taking, all sums, including damages and interest awarded for the fee, leasehold, or both, shall be distributed and disbursed to Lessor and Lessee as they may agree or, in the absence thereof, in accordance with the laws of the Virgin Islands. Upon a partial taking Lessee shall have the option of terminating this Lease upon thirty (30) days’ notice to Lessor. ARTICLE IX CANCELLATION, TERMINATION, 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 offorty-five (45) 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 for all or a portion of Lessee’s property. C. Make any general assignment for the benefit of creditors. D. Abandon the Premises by not occupying the Premises for a period of ninety (90) days without notice to the Lessor and failing to pay rent during that ninety (90) day period. E. Default in performance of any of the covenants and conditions required herein (except rent payments) to be kept and performed by Lessee, and such default continues for a period of forty-five (45) days after receipt of written notice from Lessor to cure such default unless, during such forty-five (45) day period, Lessee shall commence and thereafter diligently perform such action as may be reasonably necessary to cure such default. If default by Lessee in the performance of its obligations hereunder is precipitated in whole or in part by activities for which Lessor is solely responsible, the period herein established to commenc cure for LESSEES NIT DM Hospitaliiy, LLC Parcel Nos. 2C Ciystal Gade & portion of 3 Crystal Gade Queen s Quarter, St. Thomas U.S. Virgin Islands 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 Premises or affairs of Lessee where such receivership is not vacated within sixty (60) days after the appointment of such receiver. H. Fail to pay the outstanding assessed real property taxes for two (2) years on improvements Lessee constructed upon the Premises. In any of the aforesaid events, Lessor may take immediate possession of the Premises and remove Lessee’s effects, to the extent permitted by law, without being deemed guilty of trespassing. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar or destroy the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms of this Lease. 9.02 Termination: This Lease shall terminate at the end of the Lease term or last exercised Renewal Term. 9.03 Repossessing and Re-letting: In the event of default by Lessee hereunder, which shall remain uncured after the required notices have been given pursuant to this Lease and for such time as provided herein, Lessor may at once thereafter, or at any time subsequent during the existence of such breach or default: A. Enter into and upon the Premises or any part thereon and repossess the same, expelling therefrom Lessee and all personal property of Lessee (which property may be removed and stored at the cost of and for the account of Lessee), to the extent permitted by law. B. Either cancel this Lease by notice or, without canceling this Lease, re-let the Premises or any part thereof upon such terms and conditions as shall appear advisable to Lessor. If Lessor shall proceed to re-let the Premises during any month or part thereof, at less than the rent due and owing from Lessee during such month or part thereof under the terms of this Lease, Lessee shall pay such deficiency to Lessor upon calculation thereof, provided Lessor has exercised good faith in the terms and conditions of re-letting. Payment of any such deficiencies shall be made monthly within ten (10) days after receipt of the deficiency notice. If any Suit or action is brought by Lessor against the Lessee to enforce any of the provisions of this Lease, the Lessor shall be entitled to collect reasonablcosts and attorney’s fees in the action or proceeding. if< DM Hospitality, LLC Parcel iVos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, Si. Thomas US. Virgin islands 9.04 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. 9.05 Subleasing: Lessee shall not sublet the Premises in whole or in part without Lessor’s advance written consent. Lessors consent does not release Lessee from any of its obligations under this lease. In the event that the Lessor consents to sublease the Premises or any part thereof, the Lessee shall pay to the Lessor an additional amount equal to thirty percent (30%) monthly of such subleasing income as additional rent. This additional rent shall be due and payable on the next rent day after such subletting rent becomes due from the subtenant. ARTICLE X GENERAL TERMS AND CONDITIONS 10.01 Notices: All notices provided to be given under this Lease shall be given by certified or registered mail, return receipt requested, postage fully prepaid, addressed to the proper party at: LESSOR: Department of Property and Procurement 8201 Subbase, Suite 4 St. Thomas, Virgin Islands, 00802 LESSEE: DM Hospitality, LLC P.O. Box 1386 St. Thomas, Virgin Islands, 00804 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 a original. DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen s Quarter, St. Thomas US. Virgin Islands 10.06 Cumulative Rights and Remedies: All rights and remedies of Lessor here enumerated shall be cumulative, and none shall exclude any other right or remedy allowed by law. Likewise, the exercise by Lessor of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 10.07 Interpretation: Words of gender used in this Lease shall be held to include the singular, plural, and vice versa unless the context otherwise requires. 10.08 Agreement Made in Writing: This Lease contains all agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by agreement in writing signed by the parties hereto or their respective successors in interest. 10.09 Paragraph Headings: The table of contents of this Lease and the captions of the various articles and paragraphs of this Lease are for convenience and ease of reference only and do not affect the scope, content, or intent of this Lease or any part or parts of this Lease. 10.10 Invalidity or Illegality of Provisions: The invalidity or illegality of any provisions shall not affect the remainder of this Lease. 10.11 Successors and Assigns: All terms, provisions, covenants, and conditions of this Lease shall inure to the benefit of and be binding upon Lessor and Lessee and their successor and assigns. 10.12 Broker: Lessee covenants, warrants, and represents that there was no broker instrumental in consummating this Lease and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. Lessee agrees to hold harmless Lessor against any claims for brokerage commission arising out of any conversation or negotiation had by Lessee with any broker. 10.13 Approvals Required: This Lease will not become effective unless approved by the Governor and the Legislature of the Virgin Islands. 10.14 Entire Agreement: This Lease constitutes the entire agreement of the Parties relating to the subject matter addressed herein. This Lease supersedes all prior communications or agreements between the Parties with respect to the subject matter herein, whether written or oral. 10.15 Conflict of Interest: Lessee covenants that it has no interest and will not acquire any interest, 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: LESSEES INI DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, St. Thomas U.S. Virgin Islands 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 ofthe Legislative, Executive, or Judicial branch of the Government or any agency, board, commission, or independent instrumentality of the Government, whether compensated on a salary, fee, or contractual basis); or 2. a territorial officer or employee and, as such, has: i. familiarized itself with the provisions of Title 3 Chapter 37, Virgin Islands Code, pertaining to conflicts of interest, including the penalties provisions set forth in Section 1108 thereof; ii. not made, negotiated, or influenced this contract, in its official capacity; and iii. no financial interest in the contract as that term is defined in Section 1101 of said Code chapter. 10.16 Rights of Holder of the Leasehold Mortgage: Notwithstanding anything to the contrary herein contained, Lessor agrees that in the event that Lessee secures a leasehold mortgage and thereafter defaults in the performance, of any of the terms and conditions of this Lease, Lessor will give notice of such default to any holder of the leasehold mortgage (where Lessor has been notified of the identity of the leasehold mortgagee) and a like notice of the default to the Lessee. The Lessee or the holder of the leasehold mortgage shall have the right to remedy any such default within a period of forty-five (45) days from the date the notice is mailed by registered or certified mail, return receipt requested, to the holder of the leasehold mortgage and the Lessee. In every case where the holder of the leasehold mortgage elects to acquire possession of the Premises or to foreclose the leasehold mortgage, such holder shall, prior to the acquiring possession or the foreclosing of the leasehold mortgage, (i) give Lessor the right of first refusal to purchase and assume Lessee’s leasehold mortgage interest and obligation, or (ii) to provide a purchaser for Lessee’s leasehold mortgage interest and obligation. The Lessor shall exercise the rights herein set out within one hundred twenty (120) days from the date the Lessor is notified by the holder of the leasehold mortgage that these rights may be exercised. In the event that this Lease is terminated, Lessor may enter into a new lease of the Premises with the holder of the leasehold mortgage, or its designee, within thirty (30) days after receipt of such request, which new lease will be effective as of the date of such termination of this Lease and 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 the such request, pay to the Lessor all the installments of basic rent and all otlr items of LESSEES INITIALSVfl DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen ‘s Quarter, St. Thomas US. Virgin Islands additional rent which would have been due for the Lessee had the Lease not been terminated and (ii) all sums due from the date of termination to the date of execution of the new lease. 10.17 Compliance with Laws: Lessee shall comply with all laws and regulations of the U.S. Government and the Government of the Virgin Islands, including but not limited to zoning, Coastal Zone Management (CZM), building codes, environmental, and American Disabilities Act (ADA). The Lessee shall obtain all licenses, permits, and any required re-zoning of the Premises and to do business in the Virgin Islands as required. 10.18 Waiver: Waiver by Lessor of any breach of any term, condition, or covenant of this Lease shall not be deemed to be a waiver of any subsequent breach of the same or any other terms, conditions, or covenants of this Lease. No delay or omission to exercise any right or power hereunder shall impair any right or power of the Lessor; every right and remedy conferred under this Lease may be exercised from time to time and as often as may be deemed expedient by the holder of such right or remedy. 10.19 Enforcement of Lease Terms: Waiver by either party of any breach of any term condition or covenant of this Lease, during the term of this Lease, shall not be deemed to be a waiver of any subsequent breach of the same or any term, condition, or covenant of this Lease. No delay or omission to exercise any right or power shall be construed to be a waiver of any such right or power, and every right and remedy conferred under this Lease may be exercised from time to time and as often as may be deemed expedient by the holder of such right or remedy. [INTENTIONALLY LEFT BLANK - SIGNATURES FOLLOW] ‘;. , LESSEE’S INITIA, kC,Oc’A ___________ Territory of the Virgin Islands ) District of St. Thomas/St. John ) ss: Before me personally appeared Pash Daswani, Member of DM Hospitality, LLC, to me well known, or proved to me through satisfactory evidence to be the individual(s) described in and who executed the foregoing instrument for the purposes therein contained. WITNESS my hand on this ? day of 1 ,- ) : •, Laura Lee Berry S Notary Public NP-649-23 My Commission Expires: April 8, 2027 St. Thomas/St. John, US. Virgizi IsanJs DM Hospitality, LLC Parcel Nos. 2C Crystal Gade & portion of3 Crystal Gade Queen s Quarter, St. Thomas U.S. Virgin Islands IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals on the day and year first above written. WITNESSES: (Print) LESSEE: DM Hospitali LLC BY:____ asni ACKNOWLEDGEMENT DM Hospitality, LLC Parcel iVos. 2C Crystal Gade & portion of 3 Crystal Gade Queen ‘s Quarter, St. Thomas U.S. Virgin Islands IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals on the day and year first above written. Territory of the Virgin Islands District of St. Thomas/St. John / G resh Mirpuri / Member ACKNOWLEDGEMENT ) ) ss: Before me personally appeared Giresh Mirpuri, Member of DM Hospitality, 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 WITNESSES: LESSEE: DM Hospitality, LLC BY: 1\i-6 LA6tkJ (Print) /2 (Sign) (Print) .——‘.Jt$ (Sign) —.-..— I’ Notary P NP649 My Commission Expires:. St. Thomas/St. John, U.S. Virgin Isiands 1/ 4c EXHIBIT A Form PWD4 EXHIBIT A MEASUREBRIEF ForthePropertyNo Y]L 4pE - QUEEN’S Quarter in the town of Charlotte Anialie on the Island of St. Thomas, Virgin Islands of U.S.A. This IS TO CERTIFY that the above-mentioned lot according to the Surveyor’s Records for the Town of Charlotte Ainalie, Book Folio survey of 4fqg f,•l•66 has the following boundaries to the north feet towards . south “ •4p.s.k.Ws.d; 94e 109 “ “ west •...j()8 “ “ The area Is about . . .3.Z97 square feet The Office of the Commissioner of Public Works—St. Thomas, V.1. April 3, 1974 lic Surveyor AI’I’EST: It is hereby certified that the above mentioned property, which according to belongsto has not, according to the Records of this Of fice, undergone any changes as to boundaries and area. The Office of the Commissioner of Public Works, Charlotte Amalie, St. Thomas, V. I. Date 0’ /574 ‘4 .4/9 ,1/’- / z4 6K4F & EXHIBIT B ______ Print map scale is approximate. Critical layout or measurement activities should not be done using this resource. MAP OR REFERENCE ONLY NOTA LEGAL DOCUMENT E )( F1 I B I 1 B us virgin Islands makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Geometty updated 04/2025 Data updated 09/2024 US Virgin Islands June 2, 2025 PARCEL NO. 2C CRYSTAL GADE, AND PORTION OF PARCEL NO. 3 CRYSTAL GADE, QUEENS QUARTER, USVI 3.O8O56758849O77fJ EXHIBIT C US Virgin Islands October 27, 2025 Print map scale is approximate. Critical layout or measurement activities should not be done using this resource. ACCESS TO PARCELS NO. 2A, 2B, & A PORTION OF 3 CRYSTAL GADE, AND A PORTION OF NO. 2B COMMANDANT GADE, QUEENS QUARTER ST THOMAS VI 1 — EXHIBIT C [4 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT US Virgin stands makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Geometry updated 0412025 Data updated 09/2024 ZONING CERTIFICATION GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES 0 DEPARTMENT OF PLANNING AND NATURAL RESOURCES 4611 Tutu Park MalI 45 Mars Hill, Frederiksted Suite 300, 2’ Floor St. Croix, VI 00840 St. Thomas, VI 00802 (340) 773-1082 (340) 774-3320 dpnr.vi.gov Division of Comprehensive and Coastal Zone Planning ZONING CERTIFICATION This will certify that Parcel Nos. 3 Commandant Gade, 2C Crystal Gade, and 3 Crystal Gade, St. Thomas are zoned P (Public) as per Official Zoning Map No. STZ- 11. The proposed use of a food and beverage management company with a bakery and deli would be permitted in the P-Public district under “Offices- General, Professional.” The P-Public district does not list bakeries and delicatessens in its table of permitted uses but allows, subject to conditions, cafes, retail concessions and restaurants. Cafes, retail concessions and restaurants are permitted in the P District if publicly owned and operated, or if publicly owned and privately operated under continuous supervision of a public agency, or if privately owned and operated on a contract with and under constant supervision of a public agency. The list of permitted uses and development provisions for the P-Public 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 By:_____________________________________ Name: Keshoi Samuel Title: Planning Technician Date: May 16, 2025 Phone: 340-774-3320 ext. 5124 Email: keshoi.samuel(i),dpnr.vi.gov Certified By: Name: Leia LaPlace . Title: Territorial Planner Date: May 16, 2025 Phone: 340-773-1082 ext. 2215 Email: leia.laplace(4dpnr.vi.gov DM HOSPITALITY, LLC SUPPORTING BUSINESS DOCUMENTS (X ) Financial Statements! Business Plan ( X ) Business License Expires: 01/31/2026 (N/A) Certificate of Liability Insurance (if already on property) Expires: N/A (N/A) Articles of Incorporation (X ) Articles of Organization ( N/A) Certificate of Limited Partnership ( NIA Tradename Certificate (if applicable) Expires: N/A ( X ) Corporate Resolution! Memo Authorizing Signature Dated :1 0/29/2025 Expires: N/A (x ) Certificate of Good Standing Dated: 07/01/2025 Expires: 06/30/2026 (N/A ) Certificate of Existence Dated: N/A Expires: N/A 4.04, THE GOVERNMENT OF THE VIRGIN ISLANDS j DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS :rit j BUSINESS LICENSE o KNOW ALL BY THIS PRESENT • ?RGI IS 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 g been ma •th ions of 10 V.I.C. Sec. 41 relating to the Civil Rights Act of the Virgin Islands, e lij Licensee: DM HOSPITALI$ Trade Name: OM HosPtrAuTY LL Mailing Address II Pii.. 1 ‘1 P0B0X1386 4WlMMELSFi—flE f)’ ST. THOMAS At ST.THOMAS ST. THOMAS 4JO8O4 ST. THOMAS VI OO80 ______________ Business No:1 51 License No: 1-51368-5L Owners Representative Coordinator j ‘Types of License(s) AdvertislnglMarketing Internet Business & Management Consulting tiNflI0 P4 Pf(OL I.h As provided by law, the authorized licensi n d1 ha’e he r to revoke or suspend any License issued hereunder, upon finding, after notice and adequat - evocation or suspension is in the public interest provided, that any persons aggrieved by any such ecision 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 he final except upon specific findings by the Court that the same was arrived at by fraud or illegal means. Qz 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 0110112025 until 01131/2026 / ::: s,V.I. / H. Nathalie Hodge Commissioner, Department of Licensing and Consumer Affairs THIS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS Business Entity No. DCO 106508 Government of The United States Virgin Islands -0- Office ofthe Lieutenant Governor Division ofCorporations & Trademarks CERTIFICATE OF GOOD STANDING To Whom These Presents Shall Come: 1, the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that DM HOSPITALITY LLC has filed in the Office of the Lieutenant Governor the requisite annual reports and statements as required by the Virgin Islands Code, and the Rules and Regulations of this Office. In addition, the aforementioned entity has paid all applicable taxes and fees to date, and has a legal existence not having been cancelled or dissolved as far as the records of my office show. Wherefore, the aforementioned entity is duly formed under the laws of the Virgin Islands of the United States, is duly authorized to transact business, and, is hereby declared to be in good standing as witnessed by my seal below. This certificate is valid through June 30th, 2026. Entity Type: Domestic Limited Liability Company Entity Status: In Good Standing Registration Date: 01/24/2020 Jurisdiction: United States Virgin Islands, United States Witness my hand and the seal of the Government of the United States Virgin Islands, on this 1st day of July, 2025. / //7?( Tregenza A. Roach Lieutenant Governor United States Virgin Islands 070120250708 RESOLUTION OF DM HOSPITALITY 110 For the Purpose of Negotiating and Executing a Commercial Lease I, Pash Daswani, Member of DM Hospitality LLC (the “Company”), a limited liability company organized under the laws of the U.S. Virgin Islands, with its primary place of business at 5 Wimmelskafts Gade, St. Thomas, U.S. Virgin Islands, hereby certify that the following is a true and complete copy of a resolution adopted by the Board of Directors of the Company (the “Board”) as permitted by the Company’s byLaws, articles of organization, and the law of the U.S. Virgin Islands. By unanimous consent of the members of the Board. RESOLVED That both of the following Members are hereby authorized to negotiate and execute any and all lease agreements, amendments, addendums, and related documents far any commercial property location in the U.S. Virgin Islands, and that the signatures of BOTH Members shaLl be required to bind the Company: 1. Pash Daswani — Member 2. Giresh Mirpuri—Member I further certify that this resolution has not been amended, modified, or repeated and remains in full force and effect. IN WITNESS WHEREOF, the undersigned has set their hands on behalf of the Company as of this 1st day of December, 2025. PashDaswani GireshMirpuri __________ 4M3 ffber Mem$er Articles of Organization DM HOSPITALITY LLC (DC0106508) General Details Handling Option Delayed Effective Date Type of Limited Liability Company Proposed Company Name Select a Reserved Name DM HOSPITALITY LLC No Business Mailing Addresses Principal Office or Place of Business Mailing Address Business Details Term Nature of Business/Purpose Additional Purpose Details: Amount of Capital Managed By Members Liability 21 Bellevue Estate, Charlotte Amalie, United States Virgin Islands, 00802, United States 5180 Dronningen Gade, Ste. #207, 2nd Floor, Charlotte Amalie, United States Virgin Islands, 00802, United States Perpetual Other, Other Food & Beverage Management Company 1,000.00 Member Managed Members are not liable THE UNITED STATES VIRGIN ISLANDS USVI Lieutenant Governor Filed: January 24, 2020 11:07 AM BID: DCO 106508 24 Hour Priority Handling Limited Liability Company Generated on January 27, 2020 08:54 AM 1 of3 Resident Agent in USVI Resident Agent Type Registered Business Entity Entity Name MARJORIE RAWLS ROBERTS, P.C. Business Identifier 561277 Physical Address 5093 Dronningens Gade, Ste. 1, Charlotte Amalie, United States Virgin Islands, 00802, United States Mailing Address Po Box 6347, Charlotte Amalie, United States Virgin Islands, 00804, United States Resident Agent Consent Form DM - Resident Agent Form.pdfO 1/24/2020 11:06AM Organizers Individual Name Mrs. Marjorie Rawls ROBERTS Esq Status Active Physical Address 5093 Dronningens Gade, Ste. 1, Charlotte Amalie, United States Virgin Islands, 00802, United States Mailing Address P.O. Box 6347, Charlotte Amalie, United States Virgin Islands, 00804, United States Managers/Members Individual Name Giresh MIRPURI Status . Active Physical Address 21 Bellevue Estate, Charlotte Amalie, United States Virgin Islands, 00802, United States Mailing Address 5180 Dronningens Gade, Ste. #207, 2nd Floor, Charlotte Amalie, United States Virgin Islands, 00802, United States Position Member Signature(s) Generated on January 27, 2020 08:54 AM 2 of 3 Name Mrs. MaI]orie Rawis ROBERTS Esq Position Organizer Date 01/24/2020 I DECLARE, UNDER Yes PENALTY OF PERJURY, UNDER THE LAWS OF THE UNITED STATES VIRGIN ISLANDS, THAT THIS OFFICER HAS AGREED BY RESOLUTION TO THE CHANGES MADE IN THIS APPLICATION. Daytime Contact Name Mrs. Marjorie Rawis Roberts Esq Telephone (1) 340-776-7235 Email jorie@marjorierobertspc.com I DECLARE, UNDER Yes PENALTY OR PERJURY, UNDER THE LAWS OF THE UNITED STATES VIRGIN ISLANDS THAT ALL STATEMENTS CONTAINED IN THIS APPLICATION, AND ANY ACCOMPANYING DOCUMENTS, ARE TRUE AND CORRECT, WITH FULL KNOWLEDGE THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE SUBJECT TO INVESTIGATION AND THAT ANY FALSE OR DISHONEST ANSWER TO ANY QUESTION MAY BE GROUNDS FOR DENIAL, SUBSEQUENT REVOCATION OF REGISTRATION, OR OTHER FINES AND PENALTIES PURSUANT TO THE FRAUDULENT CLAIMS STATUTE AS SET FORTH IN 14 V.I.C. § 843. Generated on January 27, 2020 08:54 AM 3 of 3 Articles of Amendment DM HOSPITALITY LLC (DC0106508) General Details Handling Option Delayed Effective Date Amendment Adoption Date Other Amendments Name Change Details (Optional) Amend Company Name? No Business Mailing Addresses Principal Office or Place of Business Mailing Address Amendment Details Term Nature of Business/Purpose Additional Purpose Details: Amount of Capital Managed By Members Liability This Amendment supersedes the original registration and all 21 Bellevue Estate, Charlotte Amalie, United States Virgin Islands, 00802, United States 5180 Dronningen Gade, Ste. #207, 2nd Floor, Charlotte Amalie, United States Virgin Islands, 00802, United States Perpetual Other, Other Food & Beverage Management Company 1,000.00 Member Managed Members are not liable Yes THE UNITED STATES VIRGIN ISLANDS USVI Lieutenant Governor Filed: January 19, 2021 01:09 PM BID: DC0106508 Standard Processing 0 1/24/2020 Generated on January 22, 2021 02:25 PM I of4 Amendments to the original registration. Resident Agent in USVI Resident Agent Type Registered Business Entity Entity Name MARJORIE RAWLS ROBERTS, P.C. Business Identifier 561277 Physical Address 5093 Dronningens Gade, Ste. 1, Charlotte Amalie, United States Virgin Islands, 00802, United States Mailing Address Po Box 6347, Charlotte Amalie, United States Virgin Islands, 00804, United States Start Date 01/24/2020 Managers/Members Individual Created Name Prakash DASWANT Status Active Physical Address 1 Oaa Estate Lerkenlund, St Thomas, United States Virgin Islands, 00802, United States Mailing Address Po Box 1386, St Thomas, United States Virgin Islands, 00804, United States Position Member Individual Name Giresh MIRPURI Status Active Physical Address 21 Bellevue Estate, Charlotte Amalie, United States Virgin Islands, 00802, United States Mailing Address 5180 Dronningens Gade, Ste. #207, 2nd Floor, Charlotte Amalie, United States Virgin Islands, 00802, United States Position Member Generated on January 22, 2021 02:25 PM 2 of 4 Signature(s) Name Giresh MIRPURI Position Member Date 01/19/2021 I DECLARE, UNDER Yes PENALTY OF PERJURY, UNDER THE LAWS OF THE UNITED STATES VIRGIN ISLANDS, THAT THIS OFFICER HAS AGREED BY RESOLUTION TO THE CHANGES MADE IN THIS APPLICATION. Daytime Contact Name Mrs. Marjorie Rawis Roberts Esq Telephone (1) 340-776-7235 Email jorie@rnarjorierobertspc corn I DECLARE, UNDER Yes PENALTY OR PERJURY, UNDER THE LAWS OF THE UNITED STATES VIRGIN ISLANDS THAT ALL STATEMENTS CONTAINED IN THIS APPLICATION, AND ANY ACCOMPANYING DOCUMENTS, ARE TRUE AND CORRECT, WITH FULL KNOWLEDGE THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE SUBJECT TO INVESTIGATION AND THAT ANY FALSE OR DISHONEST ANSWER TO ANY QUESTION MAY BE GROUNDS FOR DENIAL, SUBSEQUENT REVOCATION OF REGISTRATION, OR OTHER FINES AND Generated on January 22, 2021 02:25 PM 3 of 4 PENALTIES PURSUANT TO THE FRAUDULENT CLAIMS STATUTE AS SET FORTH IN 14 V.I.C. § 843. Generated on January 22, 2021 02:25 PM 4 of 4 DM HOSPITALITY LLC. Development Proposal for Lease Request and Revitalization of Property Submitted to: Mr. Richards Property & Procurement Department Submitted by: ‘ Pash Daswani & Giresh Mirpuri P 0 Box 1386, St. Thomas VI 00804-1386 Space: Department of Education 4 Crystal Gade St. Thomas VI 00802 Dear Mr. Richards, Please find below and attached our Development Plan outlining our proposed use for the vacant building in question. We are seeking approval to lease this currently unutilized structure with the intention of transforming it into a functional space that will support our operational needs. Development Proposal: Lease Request and Revitalization of Property 1. Objective To secure approval for the lease of a long-vacant property, which we propose to revitalize into a multi-use facility comprising a commercial kitchen, back-office operations, and secure storage. 2. Background The building appears to have been unoccupied for a considerable time, possibly since the hurricanes, and is currently in a deteriorated state. Despite this, we believe it holds strong potential for adaptive reuse. With the appropriate investment, we are confident it can be transformed into a valuable asset. 3. Proposed Use - Commercial Kitchen: A centralized, licensed commissary kitchen to streamline food production, store cold food products and maintain high quality standards. - Back-Office Operations: Consolidation of HR, Accounting, and Administrative functions for greater efficiency and interdepartmental coordination. - Storage: A secure area for inventory, including frozen foods, equipment, and supplies, alleviating capacity issues at our other sites. 4. Anticipated Benefits - Revitalization: Restoration of a this property through private investment. - Cost-Effectiveness: Maximizing an existing structure’s utility as opposed to constructing or leasing elsewhere. - Efficiency Gains: Operational consolidation to improve productivity and oversight. - Community Impact: Enhancing the local environment through physical improvements and economic activity. 5. Investment Commitment We are fully prepared to undertake all necessary renovations which includes upgrades to infrastructure, betterment of property and any compliance work required to meet health and operational standards. 6. Next Steps - Initiate lease discussions and formalize an agreement. - Schedule access for our contractors to assess the renovation scope and begin work. 7. Request for Support We respectfully request your assistance in facilitating site access and beginning lease negotiations. We are eager to partner with your department in bringing this building back to life and aligning it with our long-term operational goals. Thank you for your time and consideration. We look forward to your guidance and support. Warm regards, Pash Daswani & Giresh Mirpuri PROOF OF OWNERSHIP (X ) Deed (N/A) Map (if referenced in deed) (N/A) Title and Encumbrance Certificate ,.— 4 IN THE TERRTOR)AL COURT dF THE VIRGIN ISLANDS DIVISION OF . . .T... .Th4AS ST. ST. ThOMAS REFOR1IED C}IURCH ET AI. — PlaInti ACTION FOR QUIET TITLE GOVERNMENT OF THE VIRGIN ISLAtS CIVIL No. 731/1979 Defendant NO TI CE OF ENTRY OF. ORDER& STIPULATION OF SETTLENT TO - O•E•• ESQUIRES Please take notice that on P’. . ,. - P.3 , .a. .QzcI. tJ.p. .ø.fl. 0 .$e.tt1xnont was entered by this Court in the above-entitled matter. Dated: By: VIOLA E. SMITH CLERK OF TEE COtJM’ ) .T1 — —Ii -1 - —rJ 9o. — — — . .... .t -“b ‘fl% ).‘I4 % — .“ ‘ \ .‘.. • r • IN THE TERRITORIAL COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMJS & ST. JOHN ST. THOMAS REFORMED CHURCH, GUSTAV A. DANIELSON, CARMEN SIBILLY, LEO SIBILLY, ) CIVIL NO. 731/79 and PATRICIA JONES, ACTION TO QUIET TITLE Plaintiffs, Vs. GOVERNMENT OF THE VIRGIN ISLANDS, Defendant. STIPULATION OF SETTLE1ENT Plaintiff ST. THOMAS REFORMEDCHURCH and defendant GOVERNMENT OF THE VIRGIN ISLANDS, having settled the controversy between them under the terms of the agreement between the St. Thomas Ref ormed Ch.rch and Government of the Virgin Islands, dated January 28,. 1983., copy. of which is hereto attached, i.t is hereby stipulated that this action be dismissed with prejudice as to plaintiff and defendant, but without prejudice to the claims’ of Gustav A. Danielson, Carmen Sibilly, Leo Sibilly and Patricia Jones as intervening plaintiffs. DATED: January 1983 ST. THOMAS REFORMED CHURCH WILLIAM A. PALLME, ESQ. DATED: • GOVERNMENT OF THE VIRGIN ISLANDS • Defendant BY:_________________ ARTI1tJR W. FINCH, ESQ. Assist. Attorney General • . .;• .... • • ‘ ‘• (N. r 4 ._:. St. Thomas Reformed Church, etal. V Government of the Virgin Islands Stipulation of Settlement — Continued Aat GUSTAV DANIELSON, ET AL. Intervening Plaintiffs BY: MARIA T. HODGE, ESQ. //?2 Dated ATTh’ VIOLA E. SMITH( ADMINISTRATOR/CLERK OP THE COURT ,. * c: c_s.) , .; — r.J ••_Q -n r _ C, DATED: ORDERED ) , )py —2’- -\ V • - - V V •:‘-‘ V._ VV•• /•V.’_ ••V,•.._ •V 1. SETTLEMENT AGREEMENT V AGREEMENT made this day of January, 1983, by and between ST. THOMAS REFORMED CHURCH, A Religious Corporation, incorporated in the Virgin Islands, herein designated Church, and. GOVERN!4ENT OP THE VIRGIN ISLANDS, herein designated Government, acting through their respective counsel. 1. This agreement is entered into in settlement of a con troversy between the Church and the Government concerning title to two contiguous parcels of land known as Parcels 2C and 3 Crystal //)7J? Gade, Charlotte Amalie, St. Thomas, Virgin Islands, constituting a plot of property bounded on the west by the rar of the j church structure of: the St. Thomas Reformed Church, improved with an historic structure at one time constituting a school building but subsequently used both as a school and for government offices of the Government of the Virgin Islands. - 2. The parties agree that.title to said Parcels 2C and 3 Crystal Gade, St. Thomas, Virgin Islands, is in Government of the V.irgin Islands, party of the second part, in fee simple absolute, subject however, to the condition that the vacant land area in said Parcel 3 behind the rear East line of the Church and north line of the chool must remain vacant land with no structure V - nd the Church have access through said Parcel 3 to the church structure and that as necessary, repairs to the church may be effected from said vacant land area. Said title is based on continued possession with claim f ‘ title of the Government under a certain bill of sale from the _________________ • ‘ Elders and Deacons of the Dutch Reformed Church to the Government of the Danish West Indies, dated June , 3.878, recorded on July 8, 1878 in Protocol 2W page 233 sub no. 3, of which atrans— cription from the Danish text of the original record, certified by the icting Recorder of Deeds on the 19th day of January, 1983, is hereto attached as Exhibit 1; and also under the recital in the Auxiliary Volume entitled Queen’s Quarter I, at page 69, reading in translation as follows: “No. 3 Crystal Gade “Belongs to the Government of the Danish Wst Indies according to deed dated June 25, 3.878 issued by the Chairman for the Dutch Reformed Church, St. Thomas June 30, 1878.” A copy of this recital together with certified copy of the official translation, each under date of January 19, l933, is hereto attached as ExhibIt 2. It is further understood that the parcel designated No. 3 Crystal Gade is that described by Danish measurements in the measure brief dated February 6, 1974, by Floyd 0. G:orge, Public Surveyor, copy of which is ‘attached as Exhibit 3. • 3. The Government of the Virgin Islands confirms the oral permission given to the St. Thomas Reformed Church to use the g’round floor inthe building on said premises as a church Sunday School and far other church functions and further confirms the permission that has been given by the Government to the Church to use the area in Parcel 3 described in the deed of June, 1878 as a playground, as a playground during the Church’s summer programs for the children of the community. Said right and - . .,‘e5fr. .. ,,, 4 S : .A r .1 permission however, shall be at the pleasure of the Government, terminable at any time with not less than sixty days written notice. 4. St. Thomas Reformed Church confirms that the conveyances of the property to the Colonial Government were made pursuant to a resolution appearing in the minutes of a meeting of the council of the Dutch Reformed Church, St. Thomas, Virgin Islands, on February 23, 1878, copy of which is hereto attached as Exhibit 4. The Church further confirms that the records of the Church show a pay ment •by the Government to the Church of $2,SOO.O for the property in the year 1878, but the page on which that record appears is in such poor condition as not to he able to be copied. DATED: January 2, 1983 WILLIiM A. PALLE, ESQ. on behalf of ST. THCMAS REFORMED CHURCH LLL \\& ARTHUR W. FINCH, ESO. Assist. Attorney General on behalf of GOVERNMENT OF THE ViRGIN ISLAS .- :, — r tn ..: (1) —3— - .-.. ..—— - • • Tc11pt Lrci’. Liiiutas of otin oT the Council c the t;t:h RVrorT’oa Chiweli, St. Tholr.a8, •) . • • • iary 23 1878. ; Stt •‘ic a proposal from tho &col reard for th purchase of th ‘trO School flui1dint to be us’..1 as one o1 the Ccinsia.l 3ch<xils àb bw1n established by the ihnicnt out Conpui.serT.GytcT, for the sn of ThO Thoitstznd Five .)uiJreI flollars. Therc Te.np a 1zwt7vc (L the School llouSc aji! 1,t of o Thousrn Poflcus iii fvnr of the fey. . 0. Allan, fnr rorvy advanced 1.y htm fo the oxtnsi.on and Ijiprovient of the School TTou.io, it.wi.a const’!eroi a favorable oi’i’tuiUty to dis— • pose of the propcrt)- to the (‘ovai-nnnt for the pnrpose oririn— • ally Intcn’Iot, therefore nfter vuturo doliberatica 5.t irns flESOLVED to ecU. tTic I’roerty to the Covci’nment for the ue of a Conrnnal School for the sivi of $2,500 ‘(7\’o llkOl’3W1d Five IIudrcd )o].1ars) with the i Lerstwidin that the Vacutt Lot in front of the ‘ii .w, nr n30d as a play roietl, sh.U not be hurt upon 1’. • . f • • — ;—3. • . • • • • .. . —.-- • - •VV•_ V MEASURE-BRiEF 3Cf1YSTALGADE V For the Property No U E N ‘ S .Quar-ter in the town of Charlotte Amalie on the island of St. Thomas, Virgin Islands of U.S.A. THIS IS TO CERTIIY that the above-mentioned lot according to the Surveyor’s Records for the Town of Charlotte Amalle, Book . ,i; Folio Survey of’’?. ., 1,878 - has the following boundaries: to the north . ..Th!2 feet towards .. Crystal Gade soUth .. “ “ “ “ east Ad r)ilGac “ “ west “ “ Lo.s:.ai:id4C rysGade The area is about ... 3320 square feet nts —. The Office of the Comniissioner of Public Works—.-SL. Thomas, V.!, February 6, 1974 1PLAN .; •17) Public Sureyor ATTEST: • _..__— It is hereby certified tb’. the above V •-‘— L . E mentioned property, which according to belongs to has not, according to the Records of this Of. Jice, undergone any changes as to boundaries and area.. V The Oflice of the Commissioner of Public Works, Charlotte Amafle, St. Thomas, V. I. Date 4. /2.• // Z Fee: S / - . •1 —. lip: .3. •1 — . . S e 1% •ls .53 5L”?sii Qo.n’ rar... •( • ____ on tw.3 SkWuaca% Qnn’n twuters 21 3h) £t. tnra Ilarth And Oosflbe tO? Lft ft. tm121?P?te. • ottU 1C ft. teanrdiMet. tztod Ohitjtae 1, 1(215. Pcot.-T. pg. $© nr. 13 .• I I. ‘I I .1: ( V - •V; - . V No.3 Crystalagade. onga to the v;:meIt of the Danish Vest Indies accordng to deed dated June 25, iF78 issued by the Chairman for the Dutch Reformed Church. St.Thomas June 30, 1878. .4 . That said lot. hich consist of part of no.4 b,c,d,e,f and of plots no.13 and 2 c Crystalgade according to Survey done by mc, have the foUowing dimensions is herchy certified: ( no Signature) North: 38’ 10 Crystaigade nd 28 1/2’ to lot no.2a&b Crystalgade SOuth: 611/2’ to no.1 and no.2& 3 Wimmeiskaftsgade East: 77 l/2’+33 to no,2a&b Crystalgd. and no.2b Command gd. iT01/2’ o.W. \Vest: lOS’ to the remaining part of lot no.4b.c.d.e.f. and nQ.4a V Crystalgtde. St.Tliomas June 28, 1878: ‘I i. V . 55... ...; S S. 5( ‘V It K) •1 C’. :3 0-z CD z. 0 co C 0. o — 0 (-‘? p ‘“. H--’-’\ t p ‘-1 o 0 C-’- r1U2 -) . C’, C0 C) 3 C. ‘-C CD C).c+ OH 0’--’ C+ C H P (DC. (n .+C+ I—’ ‘-C p 1-’. C cf CD CD C-’- z ‘<CD .0 z ‘o i:j o 0. CD C)CD 0 0-z‘<00 ‘Ii I-’. CD C)CD C. ‘ UI ‘IU) (DP ‘, .4 • I--’ ‘-: - C .) C C ‘) 1. • Cl) Ct (j I— s.’. - l_J ) I—’ — , •V.) • ‘ 2:•- P C-° (2 ‘2. 0 C’ ., a • . — ‘-Ce.-:’—) — • —- “C (V3 •, 0. —. .-) ‘ ‘2..3 •. — C) o C)!.i - . 4A . C) - (2 ‘-C ‘2 i- • , • -) e2-,r-0 -i ., a •C - - 3’-C • V (_ 3 _ ‘ 2... .2 : ..: 3 • C).. • -. • . 2 (3 — • —. — ‘-, ‘-‘ C) V• C-• 5’VV3 C —- Z•.:V_ c. . 2 C— -‘ .: ‘-‘-‘--•. —3 . ?5 ‘—, (... ‘. •- C--s — ‘3 9’— —‘Z. • .-:- 0 I—’ I-’ “• • ‘2” ‘2: . r- t.3: —_ C-’ ‘. — QC4 C.) ..) ‘ ‘.\..3 - C.) - ‘.5 ‘, . ,.•, .- . ... = l..2 ..4. • •. •3 ‘ ‘2 ‘2 -.— •. -.•2’.’-’ ho • . (CO ‘ “ . r C- ‘h.) “1 ‘—‘ ‘2 V .i .-‘• :—‘. :3 C ) !-‘ z. ‘2 ‘ ‘ -C ‘-‘2 ‘2 e 0 0 ‘ :-- —: 2.. Z.. C-’ V c J ••; .4- :. . — 2’- -‘- j ‘- : 3’ • -: -.3. ‘‘ — ‘2n -:- - C C’ V V(2:: (‘20 “ ‘-4 • • - ‘2 - -C C’ :f C’ - (‘2 • 0 •s :3 C) .1 ‘ 2 ,— C •- • . 2. • H- • — - .- .. m -:-i ‘- “. --‘ ‘: o - — 3.. “ ‘2 . • ‘ I—.’ “1. ‘2 . • .-- * 3- -, C--’ ‘ C) — (5 ).,3 • .) C) c’2 C)-. (C’ C) ;‘:: ‘2 •‘ “ hi C--’ ‘• ‘- -‘- ‘ ‘2 ( V 0 ‘ 00 - C’) C -‘2 ‘ ‘2’ • C.. .l . DC- ‘-C ,) h “ •. s) • - c) ‘-‘ “. ‘2 ‘-.) ‘ 1 0 0 a C.3 “2 a ‘2’ ‘.3 “‘ ‘-C t1 • (‘2 • — ‘ l- -: 23 ‘2 -‘.j :‘ -- 1— t’2 -: f l) . . C - “2 • .r— • - - -4 ‘2. ‘2 ‘-“ J. 2” • • c .—‘ - 23 • • •S_Vi - a-h- • ‘2-. a C) ‘ Q “.323 V i ‘-S !: ;‘ .2 I- -1-3. C) -‘2).’C C ,-,- C) a • • a- • • ‘2 3 “2 ‘i t c. b • ;VC Q’ 0 a !- C) - • C- C) C- • - • .-D , a • - C • a “ 1’.’ e — ‘ ‘2.C r’1 ‘2 •z32: - C-, 11)0 0’’’ • .-:E — -- >; H H I c) ‘I -C p :;Q - . ‘•- :‘- V • . — • — r. .- - - ,- No. 3:.; L. / •::.. :-< Aiuniknizicr.V - .. flicflcb.vi. . ,. .-) t7a_ -,..&(&6Ze’&(-C- (ftst-aJ..4/sY4 — — - .. •I (4: cL -. - • F: S r zEEE: :4::n-> U •:fZ c 4..— r I • I :!( -N I p 4 0 - 4’ . — .- I • ••ç • — I 44 4. .2 - :- . -, rZ!?:-. :..: tel..,.- . • . ‘. — C 2:t..t— • - -: “•%: 0 I-Il U 0 -0 a (0 I _fln.of tI’page of tho book io ,niesing it c.n therefore only be n eécrpt) IV c. ‘rio the undoroignad Elders and Docon of the Thitch reformed church in the icland in confornity wS.th the declaration of’ Fehr. 22, 1870 and at th rcque6t of Fr. lf’ed Jorccnaen do htrcby transfer thu present Dill of S010 for Y/alue received • with $ 2500.— as specified in the aforementioned declaration to the Govcrninont of t”e Danish West Ifl(i3 islafld of behalf of VthC colonial TreLlsqry of St .Thomas; the • : bui1rini,s an lot no. 2 C. Cryto].ado, Queens Quarter in this town; which haa been . •. used as school ant.) pThyground, teachers dwelling and Vestry room in the L’ppcr Story warrant and dsclarin the same building ondlot frea of all claim or claims whatsoever ::.. This however, exres5J.y un)erstood that the present Diii. of Dale rio building can be ...c aforcsaiV ldróuñd to’thc cast of the andfurther that the right to a free passage on roseriéd for the congregation andfhat 1if necessary repairs to thu c.),ürch may .S;Qm there. na1 y V • St.Thoans June .,.1870, A.Julien. Elàer R.Nasscl. Henry tockio, Berth. Dornn 0,Steven. J.Ros. . . V V • witnossesi Mchzrdo V • ..• Daniel . . .. V V T1rot • W,1. page 233 noj. ‘ V . ‘V V .• - / .‘ 1 V V. V Certified trüejai,d coriect copies o, • ..... , File Folder Bok1W Page 233, translated V by Ms Gudny desen ,.,‘. •,: J%. .I:i V Done this l9V.day:of January, IS1 ‘I, ‘P. • •..: V/ V Acting V;,..’ •• • V •, .1 • •• .. .• from en(J ich H 55 far as pos1bje from ‘.which is n dCplorotlo < -