LEASE AGREEMENT
k
LEASE AGREEMENT
GOVERNMENT OF THE VIRGIN ISLANDS
DEPARTMENT OF PROPERTY AND PROCUREMENT
And
The United States Department of Commerce, National
Oceanic & Atmospheric Administration
PREMISES:
A portion of the Telecommunications Tower located on Parcel R-22 of
Tract 1 Estate Nazareth, No. 1 Redhook Quarter, St. Thomas U.S. Virgin
Islands. The Premises are shown on O.L.G No. D9-7534-T005 with the
geographic coordinates of Latitude 18 19 42.5 Longitude -64 51 33
(“Premises”).
TABLE OF CONTENTS
Article I
1.01
Premises
.1
1.02
Use
Article II
2.01
Term
1
2.02
Failure to Give Possession
1
2.03
Remaining on the Property Beyond the Term
2
Article III
3.01
Annual Rent
2
Article IV
4.01
Improvements
2
4.02
Title to Improvements
2
4.03
Location and Improvements
3
4.04
Repairs
3
4.05
Excavation and Sorting
3
Article V
Reserved.
Article VI
6.01
Liability Insurance
3
6.02
Non-Liability
4
Article VII
7.01
Access to Premises
4
7.02
Easement for Pipes and Water Storage Tank Facility
4
Article VIII
8.01
Notice of Condemnation
4
8.02
Rights of Lessor and Lessee
4
8.03
Taking of Leasehold
5
8.04
Total Taking
5
8.05
Partial Taking
5
TABLE OF CONTENTS
(CONT’D)
Article IX
9.01
Termination
5
9.02
U.S. Government Property
5
9.03
Assignment and Transfer
5
9.04
Subleasing
6
Article X
10.01
Notices
6
10.02
Non-discrimination
6
10.03
Officials not to Benefit
6
10.04
GovemingLaw
6
10.05
Counterparts
7
10.06
Cumulative Rights and Remedies
7
10.07
Interpretation
7
10.08
Agreement made in Writing
7
10.09
Paragraph Headings
7
10.10
Invalidity of Illegality of Provisions
7
10.11
Successors and Assigns
7
10.12
Broker
7
10.13
Approvals Required
7
10.14
Entire Agreement
7
10.15
Exhibits and Attachments
8
10.16
Additional Payments
8
10.17
Compliance with Laws
8
10.18
Waiver
8
10.19
Enforcement of Lease Terms
8
10.20
Acknowledgement
9
LEASE AGREEMENT
THIS LEASE made this
_____
day of
_______________,
2024, 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 the
United
States
Department
of
Commerce,
National
Oceanic
&
Atmospheric
Administration (“NOAA”), acting through NOAA’s Real Property Management Division
whose mailing address is 1305 E/W Highway, SSMC IV, Fifth Floor Silver Spring, Maryland
20910, hereinafter (“Lessee” or “U.S. Government”).
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 leases from the Lessor
a portion of the Telecommunications Tower comprising of(a) antenna attachment space
approximately
120 feet above ground level (“AGL”); (b) shelter floor space of
approximately 36 U.S. square feet in an onsite climate controlled equipment shelter
(with the Lessor being responsible for providing electricity and heating and cooling
(e.g., HVAC), and maintaining the heating and cooling); and (c) standby power located
on Parcel R-22 Tract 1 Estate Nazareth, No.
1 Redhook Quarter, St. Thomas, U. S.
Virgin Islands with the geographic coordinates of Latitude 18 19 42.5 Longitude -64 51
33, which is zoned “R-2” (hereinafter the “Premises”). The aforesaid Premises is shown
on O.L.G No. D9-7534-T005 a copy of which is attached and made part hereof as
Exhibit “A.” Lessee’s authority to enter into this Lease is 40 U.S.C. § 585.
1.02
Use: The Lessee shall use the hereby Premises for the purpose of transmission and
reception
of
weather
broadcast
communications
and
emergency
broadcast
communications. Said use is contingent on the Lessee obtaining and maintaining the
required permits, licenses, and any required rezoning of the Premises to a zoning
designation compatible to the operation of same, as required in Paragraph 10.17.
ARTICLE II
TERM
2.01
Term: The term of this Lease shall be for a period of twenty (20) years, commencing
upon
the
date
of approval
by
the
Legislature
of the
U.S.
Virgin
Islands
(“Commencement Date”). The parties may agree to enter into a succeeding or
superseding lease for the Premises, with the U.S. Government’s property (e.g.,
improvements) remaining on the property of the U.S. Virgin Islands Government.
Lessee’s Initials
______
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract I Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 2
2.02
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.
2.03
Remaining on the Property Beyond the Term: 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 be considered
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. The inclusion of the preceding sentence in this Lease shall not be
construed as Lessor’s consent for Lessee to hold over.
ARTICLE III
RENT
3.01
Annual Rent: The Lessee shall pay to the Lessor an Annual Rent of $1,200.00, payable
at the rate of $100.00 per month in arrears, without demand; therefore, the Lessee
covenants and agrees to pay said rent as aforesaid, (subject to the availability of
funds). If the term of this Lease includes any partial month, rent for the partial
month shall be prorated. Rent shall be made via electronic funds transfer and
based on the information provided in the System for Award Management
(“SAM”)
database
(available
at:
https://www.sam.gov), or
successor
U.S.
Government database.
ARTICLE IV
IMPROVEMENTS
4.01
Improvements: Lessee shall not erect any improvements on the Premises or alter the
Premises in any way without the prior written consent obtained in each and every case
from the Commissioner of Property and Procurement; in addition to whatever other
licenses or permits are deemed necessary.
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 vacation
ofthe premises, as coordinated between the parties, in as good condition as it was since
the last repairs were made, less reasonable wear and tear from intervening use, damages
by the elements, and by circumstances over which the Lessee has no control.
4.02
Title to
Improvements:
Lessee’s
equipment,
including
its
fixtures,
additions,
structures, signs, and/or decorations, shall remain the property of the Lessee at the
conclusion of this Lease.
Lessees Initials
____
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract 1 Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 3
4.03
Location and Improvements:
In the event Lessor consents to the erection of
improvements,
said
improvements
will
be
located
at
a
portion
of
the
Telecommunications Tower located on Parcel R-22 of Track 1 Estate Nazareth, No.1
Redhook Quarter, St. Thomas, U.S. Virgin Islands with the geographic coordinates of
Latitude 18 19 42.5 Longitude -64 51 33.
4.04
Repairs: (1) Lessee shall at its own cost and expense, keep and maintain its equipment
in good condition, reasonable wear and tear excepted. (2) Lessor shall maintain, repair
and keep the Premises in good and tenantable condition. Repairs, as used herein shall
mean all repairs, replacements, renewals, alterations, additions, improvements and
betterment. The provisions of this section 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.
4.05
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 shall afford to the person or persons causing or authorized to cause
such excavation the right to enter upon the Premises for the purpose of doing such
work as such person or persons shall consider to be necessary to preserve any of the
walls or structures of the improvements on the Premises from injury or damage and
support the same by proper foundation.
Lessee shall not by reason of any such excavation or work under this paragraph that is
done by someone or some entity other than the Lessor have any claim against Lessor
for damages or indemnity or for suspension, diminution, abatement, or reduction of
rent under this Lease.
ARTICLE V
Reserved.
ARTICLE VI
INSURANCE AND INDEMNITY
6.01
Liability Insurance/Claims: For the purposes of this Lease, the U.S. Government is
considered to be self-insured. The U.S. Government agrees to promptly consider and
adjudicate any claims which may arise out of use ofthe Lessor’s Property/Premises by
the U.S. Government or duly authorized representatives or contractors of the U.S.
Government and to pay for any damage or injury as may be required by applicable law.
Such adjudication may be pursued under the Federal Tort Claims Act, 28 U.S.C. §
2671 et seq., the Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq., or
such other legal authority as may be pertinent.
Lessees Initials
_____
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract 1 Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 4
6.02
Non-Liability: Except when otherwise required by, or consistent with, applicable law
(including, but not limited to, Virgin Islands Code title 33, § 3408 (“Waiver of
immunity from liability”) or other terms of this Lease, 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 or willful misconduct of Lessor or its
agents, contractors, or employees.
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
Lessees Initials
P
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract 1 Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 5
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.
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 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
TERMINATION, VACATION of the PREMISES, ASSIGNMENT AND TRANSFERS
9.01
Termination: Either party may coordinate with the other to terminate this Lease by
mutual agreement prior to the expiration of the term hereunder. The vacation of the
Premises will be mutually coordinated between the parties. Upon vacation of the
Premises no rent shall accrue. Access to the premises to remove the U.S. Government
property shall not be unreasonably withheld. Said notice of U.S. Government vacation
of the premises shall be as determined by the U.S. Government. The parties may
mutually agree to abandon U.S. Government property in accordance with applicable
federal laws and regulations.
9.02
U.S. Government Property: Lessor covenants and agrees that none, nor any part, of
the U.S. Government’s property (e.g., equipment, buildings, fixtures, improvements)
placed in, on, upon or affixed to the Premises shall become, or be considered part of,
the Premises. The U.S. Government’s property shall remain the property of the U.S.
Government, unless disposed of or abandoned by the U.S. Government in accordance
with applicable federal laws and regulations.
9.03
Assignment and Transfer: Lessee shall 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.
Lessees Initials &1
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract 1 Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 6
9.04
Subleasing: Lessee may not sublet the Premises in whole or in part without Lessor’s
advance written consent. Lessor’s consent does not release Lessee from any of its
obligations under this Lease.
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:
United States Department of Commerce
NOAA Real Property Management Division
1305 E/W Highway, SSMC IV, Fifth Floor
Silver Spring, Maryland 20910
Attn: Real Property Contracting Officer
Lessee [for technical issues and maintenancej:
United States Department of Commerce
NOAA, National Weather Service
819 Taylor Street
Fort Worth, TX 76102-6171
Attn: NOAA Weather Radio Program Manager
The address ofeither 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 ofthe United States or the Government ofthe Virgin
Islands, 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
Governing Law: This Lease shall be governed by and construed and enforced in
accordance with Federal law. To the extent permitted by Federal law, the laws of the
U.S. Virgin Islands (excluding the U.S. Virgin Islands’ choice of law rules) will apply
in the absence of applicable Federal law; provided, however, nothing in this
Lessees nitiaIs
______
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract I Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 7
shall be construed as a waiver of any sovereign immunity of the United States
Government. Venue for any legal action relating to this Agreement shall lie in the
appropriate Federal court or board.
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 ofLessor 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 I-leadings: 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 ofthe 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 shall not become effective unless approved by the
Governor and Legislature of the U.S. 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.
Lessees Initials ,LP
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract 1 Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 8
10.15
Exhibits and Attachments: The following are attached and made a part hereof:
A. Exhibit A: D9-7534-T005 (1 page);
B. Exhibit B: NOAA Equipment (1 page);
C. General Clauses DOC NOAA (JAN 2021) (2 Pages);
D. FAR clause 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment (OCT 2020) (4 pages);
E.
ADDENDUM
to
the
System
for
Award
Management
(SAM)
REPRESENTATIONS AND CERTIFICATIONS, 3518-SAM (REV Jan 2016) (2
pages plus screenshot of SAM).
10.16 Additional Payments: Notwithstanding any other provision of the Lease, besides the
identified rent, any funds to be transferred by the Lessee to the Lessor (or others), for
the
purposes
of
this
Lease,
will
be
pursuant
to
a
separate
obligating
document/instrument that requires the Lessee’s subsequent approval and is subject to
the requirements of3l U.S.C. § 1341(a) and 1501(a).
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 ofthis 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 FOLLOW1
Lessees Initials
______
NOAA
A portion of the Telecommunications Tower
located on Parcel R-22 of Tract 1 Estate Nazareth
No. 1 Redhook Quarter
St. Thomas, U.S. Virgin Islands
Page 9
IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals on the
day and year first above written.
WITNESSES:
(1 fJi7 BY:
(Print)
(Sign)
(Print)
c’
‘
k
(Sign)
UNITED STATES GOVERNMENT
LESSEE:
United States Departmen1of Commerce
Deborah A. Putney ,/
Real Property Contracting Ofi
Before me personally appeared Deborah A. Putney, Real Property Contracting Officer of the
United States Department of Commerce to me well known, and known to be the individual(s)
described in and who executed the foregoing instrument for the purposes therein contained.
ISAAC A DIAZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194017049
MY COMMISSION EXPIRES MAY 8, 2027
WITNESS my hand on this /i
day of AJD J
A.D. 24
Notary Public
EXHIBIT A
m
‘C
-I
EXHIBIT B
EXHIBIT
B
TECHNICAL REQUIREMENTS FOR NOAA WEATHER RADIO (NWR) SYSTEM
INSTALLATIONS IN THE VIRGIN ISLANDS
NOAAINational Weather Service (NWS) would like to install a 1000 watt transmitter at
two sites owned by the Government of the Virgin Islands: Benner Hill 1St. Thomas and
Recovery Hill /St. Croix. The technical requirements will be similar for both
sites. Recovery Hill site is temporarily unavailable until refurbishment/repainting of the
tower is completed at an undetermined future date. Therefore, we will move forward as
a two-phase project.
PHASE 1: Proceed with negotiations for Benner Hill /St Thomas and Recovery Hill /
St. Croix with the goal of putting an operational transmitter on the air at the earliest
possibility. This will at least provide partial coverage in the Virgin Islands.
PHASE 2: Readdress Recovery Hill / St Croix whenever tower refurbishment is
completed. A second tran smitter will provide complete coverage of the Virgin Islands.
TRANSMITTER
1. Armstrong I000B or similar transmitter.
2(a) Weather Service Headquarters will provide a 1000 watt transmitter for the
installation on Benner Hill/St. Thomas.
(b) The old Crown 1000 watt transmitter was removed from the damaged site on
Mt. Stewart! St. Croix.
It is currently in storage at the air traffic control tower at Henry
E. Rohlsen Airport on St Croix. This transmitterwill be installed atthe proposed new
site on Recovery Hill / St. Croix.
3. Transmitter Dimensions: L34” x W23” x H60”
4. 6’ x 6’ floor space requested to ensure sufficient maintenance
access (Verification required by BIT to see if we can get more than a 5’ x 5’
section of floor space. This will still satisfy our needs if necessary).
5. Transmit Frequency: 162.400
- 162.550 MHz
6. Both sites have sufficient lighting for maintenance and environmental control (air
conditioning).
ANTENNA INSTALLATION
1. Install SCALA 4HDB-155 Antenna at the highest allowable point on the
tower. David estimated somewhere between 100
- 130 ft but will verify that at a later site
visit (Possibly the range will be between 90
— 120 ft. This still works but the higher
the better).
If possible, San Juan NWS techs will accompany him to site during their
next maintenance visit to St. Thomas.
2. When antenna installation height is determined, David and/or San Juan techs will
provide estimate of the length of cable required to reach the proposed equipment
location within the equipment building.
3. Antenna length is 20 feet. Antenna weight (with standoff mounts) is 120 lbs.
4. 7/8” coax cable will be used for installation.
ELECTRICAL POWER I BACKUP POWER
1. NWS will establish a separate electrical contract with Virgin Islands WAPA. We
will hire an electrician to install a meter base at the sites. WAPA will inspect it and
establish electrical connection.
2. Generator Backup poweris already available onsite and will be available for NWS
transmitters.
BUILDING ACCESS FOR NWS TECHNICIANS
1. Bureau of Information Technology (BIT) will provide any keys or combos for San
Juan NWS Technicians to gain site access for maintenance purposes.
2. NWS techs will contact David Parris or appropriate BIT personnel prior to traveling
to sites to perform maintenance.
PHONE LINES I RADIO FREQUENCY AUTHORIZATION
1. Transmitter audio will be carried to site via dedicated telco circuit.
2. Remote monitoring of transmitter operation will be conducted via a separate dial-
up phone circuit.
3. NWS will establish a separate contract with local phone company (VIYA)to
establish phone circuits on site. SRH Telecommunications Project Manager, Mike
Love, will initiate the contracts after leasing has been completed
- ensuring we have the
proper setup to connect from fiber to copper inside of the transmitter building.
4. Mike Love is also the Frequency Managerfor SRH. He will initiate the request for
Radio Frequency Authorization when leasing has been completed.
STAGING OF INSTALLATION SUPPLIES ONSITE
1. Shortly priorto installation, NWSwiII shipthefollowing to BIT.
a. Transmitter
b. Spool of coax cable
c. Antenna parts (4 antenna elements, 1 power divider, set of4jumper cables) -6
separate boxes
d. Antenna mast
e. 2 standoff mounts
d. Antenna installation supplies (1 or2 boxes containing cable hangers,
grounding kits, cable hoisting grips, connectors, weatherproofing tape, etc.)
2. BIT will transport installation supplies to transmitter site and store inside the
building.
If the site is fenced, cable and antenna mast can be stored outside the
building. NWS techs assist in transporting supplies to the site.
2
EXHIBIT C
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property for Leases Up to $150,000 Net Annual Rent)
The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect
the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work
environment for the Government tenants and the Lessor’s performance under this lease.
2.
GSAR 552.270-7
FIRE AND CASUALTY DAMAGE (JUN 2011)
If the entire premises are destroyed by fire or other casualty, this lease will immediately terminate. In case of partial
destruction or damage, so as to render the premises untenantable, as determined by the Government, the Government
may terminate the lease by giving written notice to the Lessor within fifteen (15) calendar days after such
determination. If so terminated, no rent will accrue to the Lessor after such partial destruction or damage; and if not
so terminated, the rent will be reduced proportionately by supplemental agreement hereto effective from the date of
such partial destruction or damage. Nothing in this lease shall be construed as relieving Lessor from liability for
damage to or destruction of property of the United States of America caused by the willful or negligent act or
omission of Lessor.
3.
The Lessor shall maintain the demised premises, including the building, building systems, and all equipment,
fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon
request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been
maintained, tested, and are operational.
4.
In the event the Lessor fails to perform any service, to provide any items, or meet any requirement of this lease, the
Government may perform the service, provide the item, or meet the requirement, either directly or through a contract.
The Government may deduct any costs incurred for the service or item, including administrative costs, from rental
payments.
5.
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make the full text available, or the full text may be accessed
electronically at: https://www.acquisition.gov
6.
The following FAR (48 C.F.R. part 52) and GSAR (48 C.F.R. part 552) clauses are incorporated by reference:
FAR 52.204-7
SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
FAR 52.204-10
REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2018) (Applicable to leases over $25,000; not applicable to individuals)
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT
2015) (Applicable to leases over $35,000)
FAR 52.2 19-28
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(Applicable to leases over $3,500 and 5 years)
PROHIBITION OF SEGREGATED FACILITIES (APR 2015) (Applicable to leases over
$10,000)
EQUAL OPPORTUNITY (SEP 2016) (Applicable to leases over $10,000)
EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (Applicable to leases over $10,000)
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (Applicable
to leases over $10,000)
EMPLOYMENT REPORTS ON VETERANS (FEB 2016) (Applicable to leases over
$10,000; not applicable to a State or local government agency)
ASSIGNMENT OF CLAIMS (MAY 2014) (Applicable to leases over $3,500)
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
DISPUTES (MAY 2014)
COMPLIANCE WITH APPLICABLE LAW (SEP 1999)
SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (SEP 1999)
STATEMENT OF LEASE (SEP 1999)
MUTUALITY OF OBLIGATION (SEP 1999)
PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JUN 2011)
PROMPT PAYMENT (JUN 2011)
COVENANT AGAINST CONTINGENT FEES (JUN 2011)
Initials:_________ &
___________
Lessor
Government (Lessee)
General Clauses
DOC NOAA OCT 2018
Page lof 1
FAR 52.204-13
FAR 52.209-6
C)I
I
LU
FAR 52.222-21
FAR 52.222-26
FAR 52.222-3 5
FAR 52.222-36
FAR 52.222-3 7
FAR 52.232-23
FAR 52.232-33
FAR 52.233-1
GSAR 552.270-8
GSAR 552.270-23
GSAR 552.270-24
GSAR 552.270-28
GSAR 552.270-30
GSAR 552.270-31
GSAR 552.270-32
EXHIBIT D
EXHIBIT D
Representation Regarding Certain Telecommunications and Video Surveillance Services
or Equipment
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance
Services or Equipment (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision ifthe
Offeror has represented that it “does not provide covered telecommunications equipment or
services as a part of its offered products or services to the Government in the performance of any
contract, subcontract, or other contractual instrument” in paragraph (c)( 1) in the provision at
52.204-26, Covered Telecommunications Equipment or Services—Representation, or in
paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-
Commercial Items. The Offeror shall not compLete the representation in paragraph (d)(2) of this
provision if the Offeror has represented that it “does not use covered telecommunications
equipment or services, or any equipment, system, or service that uses covered
telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204.26, or
in paragraph (v)(2)(ii) of the provision at 52.2 12-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology,
interconnection arrangements, reasonable inquiry, roaming, and substantial or essential
component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)( 1 )(A) of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13,
2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any
equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic
or cannot permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(2) Section 889(a)( 1)(B) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August
13, 2020, from entering into a contract or extending or renewing a contract with an entity that
uses any equipment, system, or service that uses covered telecommunications equipment or
Representation Regarding Cedain
Telecommunications and Video
Surveillance Services or Equipment
REV (1W20)
page 1
services as a substantial or essential component of any system, or as critical technology as part of
any system. This prohibition applies to the use of covered telecommunications equipment or
services, regardless ofwhether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic
or cannot permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards
for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that—
(1) It D will, X will not provide covered telecommunications equipment or services to
Governmetltn the performance of any contract, subcontract or other contractual instrument
resulting from this solicitation. The Offeror shall provide the additional disclosure information
required at paragraph (e)(l) of this section if the Offeror responds “will” in paragraph (d)(l) of
this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror
represents that—
i does, X does not use covered telecommunications equipment or services, or use any
equipment, system, or service that uses covered telecommunications equipment or services. The
Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this
section if the Offeror responds “does” in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)( 1) ofthis provision. If
the Offeror has responded “will” in the representation in paragraph (d)( 1) of this provision, the
Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include
entity name, unique entity identifier, CAGE code, and whether the entity was the original
equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include
brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
Reprecentatlon Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (10120)
Page 2
—
- - -
(C) Explanation of the proposed use of covered telecommunications equipment and
any factors relevant to determining if such use would be permissible under the prohibition in
paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered
telecommunications services offered (include on the item being maintained: Brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the
service being provided; and explanation ofthe proposed use of covered telecommunications
services and any factors relevant to determining if such use would be permissible under the
prohibition in paragraph (b)(l) ofthis provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision, If the Offeror
has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall
provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include
entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a
distributor, if known);
(B) A description of all covered telecommunications equipment offered (include
brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and
any factors relevant to determining if such use would be permissible under the prohibition in
paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered
telecommunications services offered (include on the item being maintained: Brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); or
(B) Ifnot associated with maintenance, the PSC of the service being provided; and
explanation of the proposed use of covered telecommunications services and any factors relevant
to determining if such use would be permissible under the prohibition in paragraph (b)(2) ofthis
provision.
Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV (1W20)
Page 3
(End of provision)
OFFEROR OR
NAME, ADDRESS (INCLUDING ZIP CODE)
TELEPHONE NUMBER
AUTHORIZED
Property & Procurement, Virgin Island
REPRESENTATIVE
Property & Procurement Bldg
Charlotte Amalie, VI, 00802
.Jsa M. Alejandro, Commissioner
(340) 774-0828 ext. 4301
Da”
Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
REV(1W20)
Page 4
EXHIBIT E
ADDENDUM to the System for Award Management (SAM)
Request for Lease
Dated
REPRESENTATIONS AND CERTIFICATIONS (Acquisitions
Proposals Number
of Leasehold Interests in Real Property)
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following additional Representations. NOTE: The “Offeror, “as used on this form,
is the owner of the property offered, not an individual or agent representing the owner.
1.
ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a)
(1) The North American Industry Classification System (NAICS) code for this acquisition is
531120, unless the real property is self-storage (#531130), land (#531190), or residential
(#531110).
(2) The small business size standard is 38.5 Million in annual average gross revenue of the
concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own name,
other than on a construction or service contract, but which proposes to furnish a product
which it did not itself manufacture, is 500 employees.
(b)
The System for Award Management (SAM) is a centrally located, searchable database which
assists in the develoiment. maintenance, and Drovision of sources for future procurements. The
Offeror, by signing this addendum, hereby certifies he is registered in SAM.
[vi’
Registration Active and Copy Attached
2.
552.203-72
REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION) (OCT 2013)
(a)
In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012 (Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L.
113-16) none of the funds made available by the Continuing Appropriations Act 2014 may be
used to enter into a contract action with any corporation that---
(1)
Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government, or
(2)
Was convicted, or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b)
The Contractor represents that—
(1)
It is [] is not “a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or
GSA FORM 3518-SAM PAGE 1 (REV 01/16)
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2)
It is [] is not [.J’ corporation that was convicted, or had an officer or agent of the
corporation acting on behalf of the corporation, convicted of a felony criminal violation
under any Federal law within the preceding 24 months.
3.
OFFEROR’S DUNS NUMBER
(a)
Enter number:
QULCK DN57YN3
(b)
An offeror may obtain a DUNS number (i) via the Internet at
http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and
Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United
States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror
for a U.S. Government contract when contacting the local Dun and Bradstreet office.
OFFEROR OR
NAME, ADDRESS (INCLUDING ZIP CODE)
TELEPHONE NUMBER
LEGALLY AUTHORIZED
.
REPRESENTATIVE
Lisa M. Alejandro, Commissioner
‘Department of Property and Procurement
(340) 774-0828
8201 Subbase, Ste. 4
ext. 4301
St. Thomas VI 00802
ture
GSA FORM 3518-SAM PAGE 2 (REV 01/16)
Last updated by Lisa Alejandro on Jan 15, 2025 at 11:24 AM
DEPARTMENT OF PROPERTY & PROCUREMENT
.&SAMoov®
DEPARTMENT OF PROPERTY & PROCUREMENT
Unique Entity ID
CAGE I NCAGE
Purpose of Registration
QULCKDN57YN3
8BH15
All Awards
Registration Status
Expiration Date
Active Registration
Jan 15, 2026
Physical Address
Mailing Address
8201 Subbase 3RD Floor
8201 Subbase 3RD Floor Suite 4
Suite 4
St Thomas, Virgin Islands 00802
St Thomas, Virgin Islands 00802-3507
United States
United States
Business Information
Doing Business as
Division Name
Division Number
(blank)
(blank)
(blank)
Congressional District
State I Country of Incorporation
URL
Virgin Islands 98
(blank) I (blank)
(blank)
Registration Dates
Activation Date
Submission Date
Initial Registration Date
Jan 17, 2025
Jan 15, 2025
Apr4, 2019
Entity Dates
Entity Start Date
Fiscal Year End Close Date
Octl,1975
Sep19
Immediate Owner
CAGE
Legal Business Name
(blank)
(blank)
Highest Level Owner
CAGE
Legal Business Name
(blank)
(blank)
Executive Compensation
In your business or organization’s preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record,
represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts,
subcontracts, loans, grants, subgrarits, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts,
subcontracts, loans, grants, subgrants, and/or cooperative agreements?
No
Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this
specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986?
Not Selected
Proceedings Questions
Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that
contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity
which contains the award term and condition described in 2 C.F.R. 200 Appendix XII?
Yes
Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or
grants with total value (including any exercised/unexercised options) greater than $10,000,000?
No
Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in
connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1)
criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty,
reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a
finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other
acknowledgment of fault?
Not Selected
Jan 21. 2025 01:56:I7PM GMT
htlps://sa,n.gov/entity/QULCKDN57YN3/coreData?status=null
Page 1 of3
Last updated by Lisa Alejandro on Jan 15, 2025 at 11.24 AM
DEPARTMENT OF PROPERTY & PROCUREMENT
[Exclusion Surnthay
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entitys non-sensitive information to be displayed in SAM public search results:
Yes
IY-
Business Types
Entity Structure
Entity Type
Organization Factors
U.S. Government Entity
US Local Government
(blank)
Profit Structure
(blank)
Socio-Economic Types
Tax Year (Most Recent Tax Year)
2023
Address
21-22 Kongeris Gade
Charlotte Amalie, Virgin Islands 00802
Jan21. 2025 01:56:I7PMGMT
https://sam.gov/en!ity/QULCKDNS7YN3/coreDara?status=nulI
Type of Tax
Applicable Federal Tax
Name/Title of Individual Executing Consent
Director Of Vendor
Signature
AKELA A FRETT
Taxpayer Name
Government of the United States Virgin
Islands
TIN Consent Date
Jan 15, 2025
Check the registrants Reps & Certs, if present, under FAR 52.21 2-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZ0ne small
business concern. Additional small business information may be found in the SBA’s Dynamic Small Business Search if the entity completed the
SBA supplemental pages during registration.
II
Government Types
U.S. Local Government
Local Government Owned
Other Government Entities
Council of Governments,n
Accepts Credit Card Payments
Debt Subject To Offset
Yes
No
EFT Indicator
CAGE Code
0000
8BH15
Electronic Funds Transfer
Account Type
Routing Number
Lock Box Number
Checking
****11
(blank)
Financial Institution
Account Number
BANCO POPULAR
Automated Clearing House
Phone (U.S.)
Email
Phone (non-U.S.)
3407740828
(blank)
(blank)
Fax
(blank)
Remittance Address
Property & Procurement, Virgin Island
Property & Procurement Building
Charlotte Amalie, Virgin Is lands 00802
United States
Taxpayer Information
EIN
678
Page2of3
Last updated by Lisa 4lejandro on Jan 15, 2025 at 11:24 AM
Points of Contact
Yes, this entity appears in the disaster response registry.
States
Any
Counties
(blank)
Metropolitan Statistical Areas
(blank)
—-----
DEPARTMENTOFPROPERTY& PROCUREMENT
Accounts Receivable POC
p.
LISA A ALEJANDRO, Commissioner
lisa.alejandro@dpp.vi. gov
3405134180
Electronic Business
S
Property & Procurement Building
AKELA A FRETT, DIRECTOR OF VENDOR
8201 SUBBASE, 3RD Floor
akela.frettdpp.vi.gov
Charlotte Amalie, Virgin Islands 00802
3405133665
United States
Government Business
5
Property & Procurement Building
AKELA A FRETr, DIRECTOR OF VENDOR
8201 SUBBASE, 3RD Floor
akela.frettdpp.vi.gov
Charlotte Amalie, Virgin Islands 00802
3405133665
United States
Past Performance
p.
Property & Procurement Building
AKELA A FREU, DIRECTOR OF VENDOR
8201 SUBBASE, 3RD Floor
akela.frett@dpp.vi.gov
Charlotte Amalie, Virgin Islands 00802
3405133665
United States
-
Service Classtficatlons
-
NAICS Codes
Primary
NAICS Codes
NAICS Title
Yes
921190
Other General Government Support
izeItrics
IGT Size Metrics
Annual Revenue (from all IGTs)
(blank)
Worldwide
Annual Receipts (in accordance with 13 CFR 121)
Number of Employees (in accordance with 13 CFR 121)
$1.00
74
Location
Annual Receipts (in accordance with 13 CFR 121)
Number of Employees (in accordance with 13 CFR 121)
(blank)
(blank)
Industry-Specific
Barrels Capacity
Megawatt Hours
Total Assets
(blank)
(blank)
(blank)
Electronic Data Interchange EDI) Information
This entity did not enter the EDI information
r
Disaster Response
Bonding Levels
Dollars
(blank)
(blank)
Jan21, 2025 01:56:I7PM GMT
hups://sam.gov/entity/QULCKDN57YN3/coreData?statusnult
Page 3 of3
ZONING CERTIFICATION
GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS
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
Division of Comprehensive and Coastal Zone Planning
ZONING CERTIFICATION
This will certif’ that Parcel No. R-22 of Tract 1 Estate Nazareth, No. 1 Red Hook Quarter, St.
Thomas is zoned R-2 (Residential-Low Density-One and Two Family) as per Official Zoning Map
No. STZ-10.
The R-2 zoning district permits subject to rules and regulations promulgated under chapter 5 of
this title Wireless Facilities and Wireless Support Structures.
The continued use of the
communications tower would be permitted as per the attached Rules and Regulations, Title 29,
Chapter 5, Subchapter 312 (b) —4 Collocation Requirements:
(c) Collocation on an existing structure that does not require a substantial modification is
subject only the issuance of a building permit otherwise required by law. Such application
request must include supporting documentation from a U.S. Virgin Islands licensed
structural engineer or U.S. Virgin Islands licensed radio frequency engineer that the
existing structure can accommodate the wireless facility.
The list of permitted uses and development provisions for the R-2 zoned district can be found in
Virgin
Islands
Code,
Title
29,
Chapter
3,
Subchapter
1,
§228
and
229
(https://legvi .org/index.php/service/social-care/).
GOVERNING AUTHORITY:
Department of Planning and Natural Resources
Government of the U.S. Virgin Islands
Researched By:
9.Ltfl_1 3
Name: Jewel Polimis
Title: Planning Techrncian
Date: May 22, 2024
Phone: 340-773-1082 ext. 2216
Email: jewel.po1imisdpnr.vi.gov
£
Certified By:
Name: Leia LaPla
Title: Territorial Planner
Date: May 22, 2024
Phone: 340-773-1082 ext. 2215
Email: leia.laplace@dpnr.vi.gov
AMENTMENT TO THE
UNITED STATES VIRGIN ISLANDS
WIRELESS FACILITY AND WIRELESS SUPPORT STRUCTURE
RULES AND REGULATIONS
Title 29, Chapter 5, Subchapter 312 (h)
GOVERNMENT OF THE US VIRGIN ISLANDS
DEPARTMENT OF PLANNING AND NATURAL RESOURCES
DIVISION OF BUILDING PERMITS
Wireless Facility and Support Structure
Rules and Regulations
Page 2
AMENDMENT TO THE
UNITED STATES VIRGIN ISLANDS
WIRELESS FACILITY AND WIRELESS SUPPORT
STRUCTURE RULES AND REGULATIONS
TITLE 29, CHAPTER 5, SUBCHAPTER 312 (b)
Dated:fl]
Dated:
20J 3
2013
APPROVED:
Alicia V. Barn9(, Commissioner
Department t’Planning and
Natural Resources
APPROVED:
United States
irgin Islands
I, Gregory R. Francis, Lieutenant Governor of the United States Virgin Islands, have
reviewed the foregoing Rules and Regulation, Title 29, Chapter 5, Subchapter 312 (b), find them
to be in compliance with Title 3. Chapter 35, Virgin Island Rules and Regulation, and hereby
approve the same in accordance with Title 3, Section 936.
Dated:
2013
Gregory
Liutenht Governor of the
United States Virgiii Islands
Wireless Facility and Support Structure
Rules and Regulations
Page 3
Table Content
§ 312 (b)-2
Definitions
— 4
§ 312 (b)-3
Construction of a Wireless Support Structure and
7
Substantial Modification of an Existing Structure
§312(b)-4
CoHocationReqments
9
§ 312 (b)-5
—
Design Standards
1 1
§312(b)-6
Preservation Standards
1
§ 312 (b)-7
Minimizing Adverse Aesthetic Impact
§ 312 (b)-8
Public Hearing Requirements
16
§ 312 (b)-9
Informational Meeting Requirements
17
§ 312 (b)-10
Temporary Facility
—
18
§ 312 (h)- ii
Routine Maintenance and Inspections
19
§ 312 (b)-12
Enforcement
20
§ 312 (b)-13
Bonding and Security Insurance
20
§ 312 (b)-14
Abandonment or Discontinuation of Use
21
§ 3 12(b)-15
Consistency with Federal and Territorial Law
22
Wireless Facility and Support Structure
Rules and Regulations
Page 4
Section 312 (b)
— 1: Purpose
(a)
The purpose of these rules and regulations is to establish wireless facility and wireless
support structure standards and requirements in order to achieve the following general
intentions and purpose of the Government of the United States Virgin Islands:
(1)
To establish regulatory procedures and standards for the public and private use
of all applicable wireless support structures and wireless facilities;
(2)
To promote the public health, safety, and general welfare of residents and
businesses
of the
U.S.
Virgin
Islands, while
also
promoting
a wireless
infrastructure to accommodate the wireless service needs of residents and
businesses of the U.S. Virgin islands,
Section 312 (b)
— 2: Definitions
Unless it is otherwise provided or the context requires a different construction, the following
terms when used in these rules and regulations shall have the meaning as herein defined:
(a)
Alternative tower structure: An existing structure that is not constructed as a tower amid is
used for the purpose of providing wireless service, which may include existing sugar
mills,
clock
towers,
flagpoles.
sculptures,
bell
steeples, utility poles,
tree poles
(monopalms and monopines) and similar existing structures, excluding DAS and stealth
facilities.
(b)
Antenna: Any structure or device used to receive or transmit electromagnetic waves,
including both directional antennas, such as panels, microwave dishes. omni-directional
antennas, such as whips, screened roofs and wall mounted antennas, but not including
satellite earth stations. This definition does not include any facility or equipment erected
solely for a residential or non-commercial individual use, such as television antennas,
satellite dishes, amateur radio antennas or utility poles.
(c)
Applicant: The individual, organization, partnership, association, corporation, or other
entity, including any utility, the Government of the U.S. Virgin islands, the Government
of the United States, any department, agency, board, authority, or commission of such
governments and any officer or governing or managing body of any of the foregoing that
applies for a building permit to construct a wireless support structure or substantially
modify an existing structure.
(d)
Application: A formal request submitted to the Department to construct a wireless
support structure or substantially modify an existing structure.
(e)
Carrier on Wheels or Cell on Wheels (“COW”): A portable self-contained structure that
can be moved to a location and set up to provide wireless service on an emergency basis
or temporary basis during a special event.
A COW is normally vehicle-mounted and
contains a telescoping boom to support an Antenna.
Wireless Facility and Support Stncture
Rules and Regulations
Page 5
(f)
CCZP: The Division of Comprehensive and Coastal Zone Planning of the Department.
(g)
Collocate or Collocation: The placement or installation of a wireless facility on an
existing structure, in a manner that negates the need to construct a wireless support
structure.
(h)
Collocation feasibility report:
Attestation by a LJSVI licensed structural or radio
frequency engineer that the proposed equipment cannot be reasonably cohlocated at an
existing structure so as to meet its commercial coverage and capacity objectives
(j)
Commissioner:
Commissioner of the U.S. Virgin Islands Department of Planning and
Natural Resources.
(k)
Department: The U.S. Virgin Islands Department of Planning and Natural Resources
(1)
DFW: The Division of Fish and Wildlife of the Department;
(m)
Distributed Antenna Systems (“DAS”):
A network of spatially separated antenna nodes
connected to a common source through a transport medium with the purpose of providing
wireless service within a geographic area or structure.
(n)
Division: The Division of Building Permits of the Department
(o)
Existing structure: A structure that exists at the time a request for permission to place a
wireless facility on such structure is filed with the Commissioner. The term includes any
structure that can structurally suppoit the attachment of a wireless facility in cunipliance
with applicable codes including, but not limited to Towers, buildings, water tanks, and
existing alternative tower structures, but excludes utility poles.
‘The term also includes
any wireless support structure, including an alternative tower structure, which was legally
permitted and constructed prior to the adoption of the regulations.
(p)
FAA: Federal Aviation Administration
(q)
FCC: Federal Communications Commission
(r)
Height: The vertical measurement from the ground to the vertical apex of the wireless
support structure, not including lighting rods as required.
(s)
Monopole: A single, self-supporting pole-type structure, supporting a fixture designed to
hold one (1) or more Antennas, excluding utility poles
(t)
NEPA: National Environmental Policy Act of 1969, as amended (42 USC 4321 et. seq.)
(u)
Owner: Any person or legal entity, who owns, leases, operates, controls, or supervises an
existing structure, wireless support structure or alternative tower structure.
(v)
Stealth facility: Any wireless facility that is integrated as an architectural feature of a
wireless support structure or an existing structure so that the purpose for providing
wireless services is not readily apparent to a casual observer.
(w)
Substantial modification or substantially modify: Changes to an existing structure for the
purpose of placing or rearranging a wireless facility that would:
The definition for “Existing Structure” was amended by adding the following language: legally permitted and.
Wireless Facility and Support Structure
Rules and Regulations
Page 6
(1)
increase the existing vertical height of an existing structure by more than ten
percent (10%), or by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed twenty (20) feet, whichever is
greater; or
(2)
involve adding an appurtenance to the body of an existing structure that would
protrude horizontally from the edge of the existing structure more than twenty
(20) feet, or more than the width of the existing structure at the level of the
appurtenance, whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the existing structure via
cable).
(y)
Temporary facility: May include a self-contained tower or a separate tower that can be
moved to a location or set up to provide wireless service oii a temporary basis while
construction, reconstruction or repair of a wireless support structure is ongoing, during
special events, or on an emergency basis.
(z)
T1A-222-G: The current amended minimum criteria for specifying and designing wireless
support structure and antenna-supporting structures, including guidelines for antennas,
mounts, and lines.
(aa)
TIA-222-G- 1: The current amended structural standards for wireless support structure
and supporting structures, this is an addendum to TIA-222-G; provides the requirements
for structural design and fabrication of new, and modification of existing structural
antennas, antenna-supporting structures, mounts, structural components, guy assembiies,
insulators and foundations.
(bb)
Tower: Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas, including self-supporting lattice towels, guy towers, or
monopole towers. The term
includes radio and television transmission towers, personal
communications service towers (PCS), microwave lowers, common-carrier towel’s,
cellular telephone towers, and the like.
This definition does riot include any structure
erected solely for a residential or non-commercial individual use, such as television
antennas, satellite dishes, or amateur radio antennas, nor does it include Utility Poles.
(cc)
Utility pole: A structure owned or operated by a public utility, cabLe television company
or cable television system as defined in Title 30 V.1.C. §303, that is designed and used to
carry lines, cables, or wires for telephony, cable television, or electricity or to provide
lighting.
(dd)
Wireless facility: The set of equipment and network components, exclusive of the
structure, tower or wireless support structure, including. but not limited to, antenna,
transmitters, receivers base stations, power supplies, cabling and associated equipment
necessary to provide wireless service to a discrete geographic area,
(ee)
Wireless service: Any commercial mobile service, common carrier wireless exchange
service, cellular service, personal communication service (PCS), specialized mobile radio
service, paging service, wireless data service, or public or private radio dispatch service
as defined by federal law.
Wireless Facility and Support Structure
Rules and Regulations
Page 7
(fO
Wireless service provider: Any person or entity providing wireless service in the U.S.
Virgin Islands.
(gg)
Wireless support structure: A freestanding structure, such as a monopole or tower,
designed to support a wireless facility, hut not including a utility pole, that is constructed
after the effective date of these regulations.
Section
312 (b)
— 3:
Construction
of a Wireless Support Structure, Substantial
Modification of an Existing Structure, 2and Replacement of au Existing Wireless Support
Structure
(a)
No installation or construction of a wireless support structure or substantial modification
of an existing structure or 3replacement of an existing wireless support structure shall
commence before the issuance of a building permit by the Division. Prior to the issuance
of a building permit, an applicant shall submit a completed wireless facility application,
including a general statement of the proposed work, with the following appropriate
accompanying documents:
(1)
Name and mailing address of the owner(s) of the wireless support structure or
existing structure, owner(s) of the plot and applicant:
(2)
Names and addresses of all engineers, architects, or contractors who will
supervise the work, and the names and addresses of all subcontractors who will
perform the work;
(3)
Receipt from the Department showing that a Lion-refundable deposit of $40.00 has
been paid on the permit fee;
(4)
A Clearance Letter from
the State Historic Preservation Office;
(5)
A Clearance Letter from DFW;
(6)
Environmental
Assessment
Report
(EAR)
in
accordance
with
NEPA,
as
applicable;
(7)
FAA approval, if required;
(8)
Collocation Feasibility Report, when appiicahie;
(9)
Cuirent U.S. Virgin islands business license;
2 Section 312 (h)
— 3 was amended to add the following language: and Replacement of an ExIsting Wireless
Support Structure.
See comment in footnote 2.
Wireless Facility and Support Structure
Rules and Regulations
Page 8
(10)
Corporate Resolution attesting that applicant has the authority to act on behalf of
the legal entity;
(11)
An Earth Change Permit if located in tier 2 or Coastal Zone Management Permit
if located in tier 1, when applicable;
(12)
Written proof that the proposed wireless facility will meet FCC radio frequency
emission standards;
(13)
Description of the proposed wireless support structure, or the proposed substantial
modification of the existing structure, including certification by a U.S. Virgin
Islands
licensed
structural
engineer regarding
the
structural
integrity,
the
structural capacity, and evidence of compliance with FCC standards;
(14)
An inventory of existing structures, wireless facilities, or wireless support
structures within a half-mile radius of the base of the proposed wireless support
structure, when applicable;
(15)
Maintenance
plan
that
describes
anticipated
maintenance
needs,
including
frequency of service, equipment needs, and traffic, noise and safety impacts on
such maintenance:
(16)
When the estimated value of the proposed construction of a wireless support
structure, or the substantial modification of an existing structure exceeds $1000
the application forms shall be accompanied by two (2) sets of plans and
specifications;
(17)
A site plan for the wireless support structure or the substantial modification of an
existing tower, drawn to scale showing the property’s boundaries; the location, to
include Plot number, Estate, and Quarter; height and dimensions of existing and
proposed buildings or structures on the same and on adjoining lots; adjacent
streets or roads; natural or manmade features; topography; fencing; lighting; and
landscaping plan;
(18)
A certified copy of the survey map from the Office of the Lieutenant Governor
- -
Cadastral Office;
(19)
A map showing the area that will be served by tile proposed wireless support
structure or the substantial modification of an existing lower and the nature of (lie
service to he provided. Description of the output frequency, number of channels
and the power output per channel for each antenna, if applicable;
(20)
A COPY of the deed for the subject property:
Wireless Facility and Support Structure
Rules and Regulations
Page 9
(21)
Documentation of the elevation above grade for all proposed mounting positions
for antennas to be co-located on a tower and the minimum distances between
antennas;
(22)
Description of the tower’s antenna capacity, by type, number, and elevation;
(23)
Description of potential changes or additions to existing structures that would
enable them to provide adequate coverage;
(24)
A copy of the applicant’s FCC license, or if the applicant is not an FCC license
holder, a copy of at least one letter of commitment from an FCC license holder to
locate at least one antenna on the applicant’s wireless support structure or on the
substantial modification of an existing tower;
(25)
A letter of intent committing the owner of a wireless facility and its successors to
permit collocation on the wireless support structure consistent with these rules
and regulations;
(26)
In the case of an application for additional
antennas or other equipment
installation on an existing structure, evidence of an executed contract with the
owner of the existing wireless facility; and
(27)
Other information which may reasonably be required by the Commissioner,
requested within thirty (30) days of submission of the application, in order to
enforce the provisions of these regulations.
312 (b) — 4: Collocation Requirements
(a)
Collocation is the preferred method for locating a wireless facility.
The Commissioner
may deny an application to construct a wireless support structure or to substantially
modify an existing structure based
on
an applicant’s unwillingness to provide
a
collocation feasibility report, including a letter of intent to permit the collocation of a
wireless facility on the wireless support structure or on a substantial modification of an
existing tower under review, provided however that if evidence is provided that such
collocation is technically infeasible, consideration shall be given to a waiver of the
collocation requirements.
(I)
An applicant shall submit a collocation feasibility
report to the Division in
support of an application to collocate that contains the following information:
(A)
A letter of intent from a U.S. Virgin Islands licensed engineer or U.S.
Virgin
Islands
licensed
radio
frequency
engineer
showing
the
specifications of the antenna, location of antenna on wireless support
structure or tower, the wireless support structure’s or tower’s ability to
Wireless Facility and Support Structure
Rules and Regulations
Page 10
accomniodate
the
proposed
antenna,
and
a
Certified
Maintenance
Inspection Report, if applicable.
(B)
Documentation that ensures that the proposed collocation is consistent
with the designs and configurations of the wireless support structure and
any existing antenna.
(2)
Collocation is not subject to any design or placement requirements that are neither
more restrictive than those in effect at the time of the initial antenna placement
approval nor be subject to public hearing requirements of section 312 (b)
— 8.
(3)
An existing structure may be structurally modified in order to allow collocation
and is not subject to the public hearing requirements of section 312 (b)
— 8;
provided however that any such modification does not increase the existing
structure by more than 20 percent of its original height and that any additional
height increase complies with the setback and height requirements of these
regulations
(4)
When an applicant determines that collocation is not feasible, the applicant shall
provide the Division with a collocation feasibility report, with the following
certification:
(A)
In the case of new a wireless support structure, demonstrate that existing
towers and structures within a one (1) mile radius of the proposed site
cannot reasonably be modified to provide adequate coverage and capacity;
or
(B)
The proposed equipment would exceed the structural or spatial capacity of
the existing structure or tower and the existing structure or tower cannot
he reinforced, modified or replaced to accommodate planned equipment;
or
(C)
The proposed equipment would materially impact the usefulness of other
equipment at the existing wireless facility and such impact cannot be
mitigated or prevented; or
(D)
The proposed equipment, alone or together with existing equipment,
would create radio frequency interference and/or radio frequency radiation
in violation of federal standards; or
(F)
Existing
structures
or
towers
cannot
accommodate
the
proposed
equipment at an elevation necessary to function reasonably or are too far
from the area of needed coverage to function adequately.
Wireless Facility and Support Structure
Rules and Regulations
Page II
(b)
The owner of a wireless support structure and its successors in interest, shall negotiate in
good faith for the collocation on the wireless support structure or tower by other wireless
service providers and shall:
(1)
Respond within forty-five (45) days to a request for information from a potential
collocation applicant; and
(2)
Allow collocation to the extent structurally feasible and to ensure that the service
of an existing tenant is not compromised by the addition of a wireless service
provider, provided the new wireless service provider agrees in writing to pay
commercially reasonable rents and charges.
(c)
Collocation on an existing structure that does not require a substantial modification is
subject only the issuance of a building permit otherwise reqtLired by law.
Such
application request must include supporting documentation from a U.S. Virgin Islands
licensed structural engineer or U.S. Virgin Islands licensed radio frequency engineer that
the existing structure can accommodate the wireless facility.
Section 312 (b)
— 5: Design Standards
(a)
Before the issuance of a building permit,
a wireless support structure, substantial
modification to an existing structure, 4or replacement of an existing wireless support
structure must confoim to TIA-222-G and TIA-222-G-l and the following required
design standards:
(1)
Such structures shall not be more than 199 feet above ground level, except in the
event of public exigency as declared by the Governor,
(2)
‘To the extent commercially feasible, wireless service providers shall collocate
antennas to accommodate a minimum number of collocations based on the
following height requirements:
(A)
Structures 60 to 100 feet in height must support at least 2 wireless service
providers or other telecommunication providers;
(B)
Structures 101 feet to 150 feet in height must support at least 3 wireless
service providers or other telecommunication providers; and
(C)
Structures greater than I 5J feet in height must support at least 4 wireless
service providers or other telecommunication providers.
Subsection 312 (b) —5 taj was amended to add the following language: or replacement of an existing wireless
support structure.
Wireless Facility and Support Structure
Rules and Regulations
Page 12
(3)
The minimum distance from any wireless support structure to any property line
shall not be less than one (I) times the total height of the tower, which is
measured from the base of the wireless support structure to its highest point,
including antenna and equipment 5with the following exceptions:
(A) In cases where replacement of a permitted existing wireless support structure
cannot be reasonable constructed on the subject parcel in a location that would
satisfy the setback requirements herein, the existing wireless support structure
may be replaced at a height not to exceed its current height or at a lower
height
— provided that lower height does not interfere with its proper
functioning, subject to the approval of the Commissioner of DPNR.
To
qualify for this exception, the applicant’s site plan must show that the existing
wireless support structure cannot be relocated on the same parcel in order to
satisfy the setback requirements.
(B) A wireless support structure. may utilize the right-of-way, road or access
easement adjacent to a tower site when calculating the fall zone setback
requirement herein, subject to the following criteria and approval by the
Commissioner of DPNR:
i.
Documentation in the form of a site plan reflecting that the wireless
support structure cannot be reasonably constructed on the subject
parcel in a location that would satisfy the required setbacks
ii.
Documentation that the applicant has met the conditions for co
location specified in 312 (b)
- 4
iii.
The wireless support structure is of a design, material and height that
can he removed from the roadway within a reasonable amount of time
in the event of collapse
iv.
The “Maintenance Plan” as required in section 312 (b)
— 3 (a) (15)
shall contain a general description of the process. responsibility and
timeframe associated with removing the wireless support structure
from the roadway in the event of a collapse
(4)
Associated structures shall not exceed more than 20 feet above the average height
of the tree line measured within a 50 feet radius of the wireless support structure,
unless the proposed elevation
is reasonably necessary to provide adequate
wireless service capacity or coverage or to facilitate collocation.
(6)
Associated structures shall not be used for dwelling purposes and the size of such
structures shall be limited to no more than 30 percent of the area of the zoning lot.
Subsection 312 (b)
— 5 (a) (3) was amended to add the following language: with the following exceptions. This
subsection was also amended to add subsections 3 2 (b)
— 5 (a) (3) (A) and 312 (b) —5 (a) (3) (13).
Wireless Facility and Support Structure
Rules and Regulations
Page 1 3
(7)
When located on agriculturally or residentially zoned property or adjacent to a
residentially zoned property; any new associated structure constructed on a parcel
as an attachment to an existing building, shall compliment the construction
material and color(s) of the existing building.
(8)
The wireless support structure or the substantial modification of an existing tower
shall not unreasonably impair the peaceful enjoyment of neighboring properties.
The
Commissioner
shall
consider
the
following
factors
in
making
a
determination:
level of noise, degree of fumes, odors, activity, and intensity of
glare.
(9)
The lighting of a wireless support structure or wireless facility shall be consistent
with FAA/FCC guidelines and have minimal spillover effect on an adjoining
property.
(10)
A wireless support structure or wireless facility shall meet federal guidelines for
providing signs indicating the presence of radio frequency emissions.
(11)
The wireless support structure or wireless facility shall be screened by means of
landscaping or berming whichever is deemed most appropriate to adequately
screen the wireless support structure or wireless facility from any adjoining
residentially zonedlused property consistent with the following:
(A)
Buffering and screening of the wireless support structure or wireless
facility shall be installed to provide spatial separation and create visual
block from adjacent properties and streets.
A buffer shall be installed
around the outside of all improvements on the site, including the tower
and guy anchors, any ground buildings or equipment, and security fencing.
Ground buildings located in a residential district may be located outside
the buffered area if they are constructed so the exterior appearance of the
building has the appearance of a residential dwelling.
(B)
The buffer shall contain hedges or other plants that provide a year round 6
foot high screen. Existing vegetation and topography can be used as part
of this screening.
(12)
The wireless support structure or wireless facility, to the greatest extent feasible,
shall not interfere with the view from any public park, natural scenic vista,
historic building or national historic district; or cause any significant disruption of
a viewshed that provides context to an important historic or scenic resource. The
effect of the wireless support structure or wireless facility on the sensitivity or
unique value of a particular view shall be minimized to the greatest extent
feasible.
(13)
The base of the wireless support structure or tower and each guy wire must be
surrounded by a fence or wall, appropriate in size and material to effectively
Wireless Facility and Support Structure
Rules and Regulations
Page 14
secure the site and such fencing must blend in with the natural surroundings.
unless the wireless support structure or tower and all guy wire are mounted
entirely on a building over 8 feet in height.
Section 312 (b)
— 6: Preservation Standards
(a)
61n order to ensure the health and safely of people and wildlife and to preserve the
environment, a wireless support structure, a substantial modification to an existing
structure, or replacement of ati existing wireless support structure must comply with FCC
regulations, concerning radio frequency emissions and the applicant must submit
certification demonstrating compliance.
The applicant’s wireless support structure,
substantial modification to an existing structure, or replacement of an existing wireless
support structure must adhere to the following standards:
(1)
Shall not destroy or cause significant adverse impacts on important wildlife
habitat.
To the extent not required by FCC/FAA, if there are to be impacts, all
reasonable means of minimizing the destruction or imperilment of such habitat or
species shall be undertaken.
(2)
Preserve the existing vegetation, to include, trees, shrubs and bush, to the
maximum extent possible.
(3)
Lighting shall not be permitted unless required by the FCC/FAA however when
lighting is required, only white (preferable) or red strobe lights at night shall be
permitted. Flashing lights shall be of a minimum number and intensity of lights
and minimum number of flashes per minute allowable by the FCC/FAA. The use
of solid red or pulsating red warning lights at night is prohibited to the extent not
required by the FCC/FAA.
(4)
Shall not be constructed within:
(A)
500 feet of established wetlands of 5 acres or larger or 150 feet from
wetlands of less than 5 acres or the height of such structure whichever is
greater; or
(B)
Established bird concentration areas or in established migratory or daily
movement flyways; or
(C)
Threateited or endangered species habitats.
(D)
LReplacement of an existing wireless support structure is exempt from this
subsection.
Subsection 312 (b) - 6(a) was amended to add the following language: or replacement of an existing wireless
support structure.
‘Subsection 312 (b) —6 (a) (4) was amended to add subsection 312 (b)
— 6(a) (4) (D).
Wireless Facility and Support Structure
Rules and Regulations
Page 15
(5)
Shall not be designed with guy wires (lattice structures or monopoles are
recommended), unless otherwise required.
If guy wires are required, these shall
have daytime visual markers (bird flight diverter devices) on the wires to prevent
collisions by diurnally moving species. Bird flight diverter devices should be
installed at 10 to 30 foot intervals, depending on the type used and according to
the manufacturer’s specifications.
(6)
Shall be located, designed, and constructed so as to avoid or minimize habitat loss
within and adjacent to the wireless support structure footprint. Road access and
fencing shall be minimized to reduce habitat fragmentation and disturbance and to
reduce above ground obstacles to birds in flight.
(7)
If the construction site is a location that is habitually used by a significant
numbers of breeding, feeding, or roosting birds or bats, relocation to an alternate
site is recommended. Seasonal restrictions on construction may be required to
avoid disturbance during periods of high wildlife activity.
(8)
Security lighting for an on-ground wireless support structure or wireless facility
must be down-shielded to keep light within the hound8ries of the Site.
(9)
DFW personnel shall he allowed access to the site to evaluate wildlife use,
conduct dead animal searches, to place necessary net catchments, and to place any
monitoring equipment necessary to verify bird and bat movements.
If DFW
personnel confirm significant strikes, deaths or other significant adverse impacts
of a structure on wildlife, adaptive management or mitigation strategies ‘will be
investigated and where appropriate will be required.
Section 312 (b)
— 7: Minimizing Adverse Aesthetic Impact
(a)
A wireless support structure or wireless facility shall not have an unreasonably adverse
aesthetic impact. In determining unreasonable adverse aesthetic impact, the Department
shall conskLer the following factors:
(1)
The extent to which the proposed design conceals or blends into the surrounding
environment through the use of screening, camouflage, architectural design,
and/or imitation of natural features.
(2)
In residentially zoned and/or utilized area(s), the use of a stealth facility is
required, if commercially feasible; and to facilitate such use, the Commissioner
may provide limited offsetting incentives only to include an expedited application
review process, and the waiver of certain design standards, except the setback and
height requirements of these regulations.
Wireless Facility and Support Structure
Rules and Regulations
Page 16
(3)
The extent to which access roads have been designed to follow the contour of the
land, blend in with the natural surroundings, and be designed to minimize its
footprint.
(4)
The degree of concealing or screening through the use of existing vegetation,
topography, or structures.
312 (b)
— 8: Public Hearing Requirements
(a)
Upon receipt of a completed application and all required documentation for the
construction of a wireless support structure or the substantial modification of an existing
structure, the Department shall hold a public hearing on the proposed application, no later
than sixty (60) days after the application has been deemed complete.
(1)
General Procedures for Public Hearings
Public notice of any hearing as required by these rules and regulations to be
conducted by CCZP shall he deemed to have been given when:
(A)
A notice setting forth the general pulpose of any such hearing and the time
and place thereof has been published in a newspaper of general circulation
in the island district of the proposed wireless support structure or
substantial modification of an existing sLructure at least twice at intervals
of not less than two (2) days; the first not more than fifteen (15) days nor
less than ten (10) days, and the last not less than two (2) days before such
hearing;
(B)
The applicant, as well as the owners of any and all lot(s) within five
hundred
(500)
feet
of the
proposed
wireless
support
structure or
substantial modification of an existing structure shall be notified by
certified mail of the general purpose of the hearing and the time and place
thereof at least fifteen (15) days prior to the date of the hearing; and have
been invited to give testimony and
(C)
A notice setting forth the general purpose of such hearing and the time and
place thereof has been posted on the Department’s website, and the notice
shall also be posted on the property/site in question, and on nearby
locations to ensure adequate visibility to the general public.
(2)
Transcription of Testimony
In hearings before the Department, all testimony, objections thereto, and ruling
thereon shall be transcribed by a reporter employed by the Department for that
purpose or recorded by a recording machine set up for that purpose.
Wireless Facility and Support Structure
Rules and Regulations
Page 17
(3)
Report with Recommendation
CCZP, after due public notice and hearing, shall transmit to the Commissioner a
report containing any special
conditions
to he imposed
on
the proposed
application within thirty (30) days of the public hearing date.
All special
conditions shall be based on the requirements of these regulations and consistent
with the intent of the regulations.
(4)
Commissioner’s Acceptance of Special Conditions
The Commissioner may reject or accept any special conditions contained in the
CCZP report and in the event the Commissioner accepts any of the special
conditions, those conditions shall be attached as a special condition to the permit.
(5)
Costs for Public Hearing
All cost associated with this subsection shall be borne by the applicant
(6)
Exemptions
Exempt from the public hearing requirements of this subsection are alternative
tower structures that are Less than 60 feet in height, collocation on an existing
structure that does not require a substantial modification, DAS, temporary and
emergency facilities, 8and replacement of an existing wireless support structure.
312 (b)
— 9: Informational Meeting Requirements
(a)
Upon receipt of a completed application and all required documentation for an alternative
tower structure that is less than 60 feet in height, DAS, a proposed temporary facility to
be utilized while a permanent facility is being constructed, and replacement of anexisting
wireless support structure the applicant shall host an informational meeting, no later than
thirty (30) days after the application has been deemed complete.
(1)
General Procedures for Informational Meeting
(A)
A notice setting forth the general purpose of any such meeting and the
time and place thereof has been published in a newspaper of general
circulation in the appropriate island district at least twice at intervals of not
less than two (2) days; the first not more than fifteen (15) days nor less
than ten (10) days, and the last not less than two (2) days before such
meeting;
Subsection 312 (b)
-- 8 (a) (6) was amended to add the following language: and replacement of an existing
wireless support structure.
Wireless Facility and Support Structure
Rules and Regulations
Page 18
(B)
Strategically post on the proposed site and the surrounding area, an
adequate number of sign(s) so as to provide satisfactory notice to the
public of the meeting and such sign(s) shall be posted for at least ten (10)
days prior to the scheduled meeting: and
(C)
An informational meeting shall he held at a location in close proximity to
the proposed site in order to encourage participation by persons most
likely to be affected by the application. The applicant shall give an oral
presentation of the proposed work, answer questions related to the
proposed work, and have all the construction and site plans available for
viewing.
(2)
Report with Recommendation
CCZP shall transmit to the Commissioner a report containing any special
conditions to be imposed on the proposed application within thirty (30) days of
the informational meeting.
All special conditions shall
be based on the
requirements in these regulations and consistent with the intent of the regulations.
(3)
Commissioner’s Acceptance. of Special Conditions
The Commissioner may reject or accept any special conditions contained in the
CCZP report and in the event the Commissioner accepts any of the special
conditions, those conditions shall be attached as a special condition to the permit.
(4)
Costs for Informational Meeting
All cost associated with this subsection shall be borne by the applicant
312 (b)
— 10: Temporary Facility
(a)
A temporary use permit must he obtained from the l)ivision before a temporary facility
can be erected, installed, or in any way utilized.
(1)
A temporary facility is allowed to be utilized for a period no longer than twelve
(12) months while a permanent facility is being constructed, and no longer than
ten (10) days during a special event.
(2)
The maximum height of a temporary facility is fifty (50) feet from grade.
(3)
A temporary facility is subject to all applicabJe provisions of this subchapter.
excluding sections 312 (2) -5, 312 (2) -6, and 312 (2) -8.
(b)
A COW (temporary facility) may only be utilized on an emergency basis in cases of a
declared emergency by the Governor.
Wireless Facility and Support Structure
Rules and Regulations
Page 19
(2)
In the event of a declared emergency, only a COW (temporary facility) may be
installed in order to supplement the loss of coverage as a result of the emergency.
(3)
The Division must receive notification of the intent to utilize the COW
(temporary facility), the owner of the COW, the exact location of the COW, the
number of antennas, and the estimated duration of the use of the COW.
(4)
‘I’he owner must notify the Division in writing the date when the use of the COW
is discontinued.
(5)
A COW is allowed to be utilized for a period no longer than three (3) months after
the declared emergency has been lifted.
Under special circumstances, if the
owner can establish that the loss of coverage due to the emergency exists beyond
the three (3) months, the Commissioner may allow additional time, not to exceed
eight (8) mouths.
312 (b)
- 11: Routine Maintenance and Inspections
The Owner of any wireless support structure shall:
(a)
Routinely inspect the wireless support structure and conduct necessary maintenance to
keep the wireless facility and wireless support structure operating optimally and/or to
extend the life of the structure.
(b)
Conduct inspections of the wireless support structure every three (3) years to ensure its
structural integrity and continuing compliance with these regulations; and to submit to the
Division for approval a Certified Maintenance Inspection Report from a VI licensed
structural engineer documenting the findings of the inspection.
(c)
Conduct inspections of the wireless support structure, within sixty (60) days after any
natural disaster, as declared by the US Virgin islands Governor (such as hurricanes or
earthquakes) to ensure the structural integrity of the wireless support structure or wireless
facility; and to submit for approval a Certified Maintenance Inspection Report from a VI
licensed structural engineer to the Division documenting the findings of the inspection
within ninety (90) days of the natural disaster.
The Commissioner shall grant a
reasonable extension for the submission pursuant to this subsection upon a showing of
good cause.
(d)
If applicable, the Certified Maintenance Inspection Report shall contain a compliance
schedule detailing the required maintenance and the time when the work will he
completed.
Wireless Facility and Support Structure
Rules and Regulations
Page 20
312 (b)
- 12: Enforcement
(a)
It is unlawful for any person to construct, install or modify a wireless support structure,
or operate a wireless facility without a permit issued by the Commissioner in compliance
with these regulations.
(b)
A wireless support structure or wireless facility permitted prior to the proinulgation of
these regulations shall remain permitted under these regulations provided however that
such structures shall conform to applicable regulation requirements within six (6) months
of adoption by providing the Division with the following information:
(1)
A Telecommunication Compliance Construction Plan drafted by a VI licensed
structural engineer, detailing the areas of non-compliance with these regulations
and the sequence and time line required for compliance.
The Compliance
Construction Plan shall at minimum include the following:
(A)
Name and contact information for the owner;
(8)
Date the wireless support structure was constructed;
(C)
Details on the specifical ion of the wireless support structure;
(D)
Details on the current structural integrity of the wireless support structure;
(E)
Details on the current capacity of the wireless support structure;
(F)
Details on the wireless facility, including number of antennae
(0)
Proof of Insurance (indemnification and general liability); and
(I-I)
Wireless support structure location as it relates to the property boundary
lines.
(c)
All wireless support structure, or wireless facilities permitted prior to the effective date of
these regulations are exempt from the requirements of section 312 (b)
-. 5 (a) (3) and 312
(b)
— 5 (a) (4) of these regulations.
312 (b)
— 13: Honding and Security Insurance
An applicant for a wireless facility or tower shall provide:
(a)
A commercial bond indexed to inflationldeflation or a property bond to the Department
in an amount that would be sufficient to cover the costs of removal and disposal of the
wireless support structure or existing structure and the wireless facility. The Department
shall set the form, duration, and amount of the security. In addition, if the Department
requires an engineering assessment in order to set the amount of the bond, the cost shall
he borne by the applicant.
(b)
The applicant shall submit proof of general liability insurance in the appropriate amount
based on the following:
Wireless Facility and Support Structure
Rules and Regulations
Page 21
(1)
Two Hundred Fifty Thousand Dollars ($250,000.00) for structures with a height
of no more than 50 feet.
(2)
Five Hundred Thousand Dollars ($500,000.00) for structures with a height 51 feet
to 100 feet.
(3)
Seven 1-lundred and Fifty Thousand Dollars ($750,000.00) for structures with a
height of 101 feet to 150 feet.
(4)
One million Dollars ($1,000,000,000.00) for structures with a height of 151 feet
to no more than 199 feet.
(c)
Existing structures shall comply with this subsection within six (6) months of the
promulgation of these regulations.
312 (b)
— 14: Abandonnient or Discontinuation of Use
(a)
Notice shall be provided to the Commissioner by the owner, thirty (30) days prior to
abandonment or discontinuation of a wireless facility, wireless support structure or
existing structure,
(b)
A wireless facility, wireless support structure, or existing structure shall be deemed
discontinued after six (6) months of continuous cessation of use. The Commissioner will
issue a Notice of Abandonment or Discontinuation to the owner, if a voluntary notice is
not submitted by the owner to the Division.
(c)
If, within sixty (60) days receipt of a Notice of Abandonment or Discontinuation, the
owner provides the Commissioner with information showing that the wireless facility,
wireless
support
structure
or
existing
structure
has
not
been
abandoned,
the
Commissioner will withdraw the Notice.
(d)
The owner shall remove the abandoned wireless facility, wireless support structure or
existing structure within ninety (90) days of receipt of a Declaration of Abandonment or
Discontinuation of Use from the Department. All structural materials shall be removed
from the site. and the excavation thus remaining shall be covered over or filled to the
normal grade. The Department shall require the applicant to provide a commercial bond
or property bond (312 (b)
— 13) to cover the cost of removal should the wireless facility.
wireless support structure or existing structure be abandoned or cease to operate.
(e)
Unused portions of a wireless facility, wireless support structure or existing structure
shall be removed within 180 days of the time that such portion is no longer used.
Replacement of portions of a wireless facility, wireless support structure or existing
structure previously removed shall require a new permit.
Wireless Facility and Support Structure
Rules and Regulations
Page 22
(0
If an abandoned wireless facility, wireless support structure or existing structure is not
removed within ninety (90) days, the Commissioner may execute the security and have
the wireless facility, wireless support structure or existing structure removed.
312 (b)
- 15: Consistency with Federal and Territorial Law
(a)
These regulations are intended to he consistent with the Title 29, Chapter 5 of the Virgin
Islands Code and the Communications Act of 1934, as amended. If any provision is held
invalid by a court of competent jurisdiction, the invalidity does not render the other valid
provisions or application of the regulations invalid.
CERTIFICATE OF APPOINTMENT
REAL PROPERTY CONTRACTING OFFICER WARRANT
CERTIFICATE OF APPOINTMENT
United States Department of Commerce
Deborah A. Putney
is hereby issued
a Permanent Warrant
to serve as a
REAL PROPERTY
CONTRACTING OFFICER
for the
UNITED STATES OF AMERICA
This appointment is made üijdr the
Authoritj’ ‘e ted in nrc and in accordanec
with Subpay,r 501.6 of the General Ser
i’ices Admhiisrration Rçgiilations on:
‘-;ç/4’ c
August 4, 1997
ADMINISTRATIVE SERVICES EXECUTIVE
This certIficate is ISSUed subject to the
rwvv
terms and conditions of the Real Prop
erty Contracting Officer Warrant Pro
gram handbook. On the occurrence of
any e’ent or circumstance that would
render the certificate holder ineligible
fbr a warrant, this certificate shall cease
w he effecti3e.
PROOF OF OWNERSHIP
(X
)
Deed
( X
)
Map (if referenced in deed)
(N/A)
Title and Encumbrance Certificate
4
/
BARGAIN
AND
SALE
DEED
This Indenture made tais 17th day of December, ig0s,
oy
and bebceen FMRY N.
REICHHOID, hereiafter rferred to as
the “GLANtOR”, and GOVER.NNENT OF
j1RGIN ISLANDS., herein-
after eferrEd tO as the “GRANTEE”
4ITNESSETH.: That the: GRNT0R, foi and in. donsider.ation of
the sän of ONE MILLION EIGHTY-THREE TOUSAND DOLLARS ($1,083,000.00)
the tceipt of THREE HUNDRED. THOUSAN&.DOLLARS ($300,000.00) of
which is, hereby acIowledged: and the balane? of SEVEN HUNDRED
‘EIGHT-THREE THOUSAND D0ILAR ($783.,OtO .00) whith shall be pay
able in accordance with the terms of
. Purchase Monet Mortgage
Bond and indenture delivered. simuitanously hetewith, hexab’y
arant41 sells ad. äonv’eys: to the Gtantee, its succesots and
.asigis., in fee simple absçlute, for’eflr, all of that certain
prcpe.ty located in St..
Thomas, Virgii’, Islands of the Uniteø.
Stated, described as:
All that tract of lard with
thereon in St
Thomas, Virgin Islands, lying and
dituated in Red’ Nook Quarter, mgtriculated as
Estate Nazareth ‘(Benners), No.
I:Red Hook Quarter,
and more particularly as shown on a drawing of
aid tract prepared byE.O. Weil,
C.E..3 dated
January 22,
1959, and bating Puklic’ Works Depart
men File No..
F 9-372--T59, refened to in the
Deed dated Januar.y 1, 1959, froo Aflt1l€S Ent
-&ises
Thc., to Henry H. Reichhold, recor4ed
June 24,
1959 in Book 42, Page 371, No..
1126
there fully described as:
tRACT NO.. 1:
Beginning at the northwestern corner of Parcel
I*o.
18 Estate Smith Bay, the lina ruaá South 02
äegrees 49 minus wOt a distancOof 1319.5 feet,
thoré or less, along. Parcel. No.
18 to a point; thence
turning and runnIng In a ‘geretal \asterly dtreccioz
a distance of Ce 3620 feet, along toe Puolic Read
to a point located North 02: degrees 49 minutes East
a distance of 124 feet,
more or less,
from Muhlen
felds bàund post on the dividing tine between Estate
Frydenhoj and Estate Eentiezs; thence turning ad
running North .02 degrees 49 minutes East
a: distance
of 2643 feet, more or less, along Estate Frydenncj,
to the southwestern corner of Parcel No.
1 Estate
Nazareth; thence turning and running in a general
Easterly irctio•n..along the road sdj&cent to
Parcel No.
1, a distance of 273 feet, more or. less,
to a bound post; theuce turning and. ruflnin North
49 degrees 04 minutes West a distance of 288: feet,
thor. or less, along Parcel No.
1, to a bouüd pOst;
thence turning and running South 87 degrees 11
minutes East a distance of 960 fet:, mote Ox less.,
along Parcel No.
19 A Estate Smid Bay, to a bind
post; thence in. the same dfrectjn a distance of
2082 feet, more Or less, along Pèce.l. No.
17 Estate
Sthith Bay, to the point df beginning. The area
Tract I is 161.1 acres, wore or less.
TRACT NO.. 2:
B?ginping at the bound post at4the Northwestern
corner of Parcel No
ii Estate Nazareth, the line
tons South
16 degree.s 43 minutes 4O seconds West
a(distance of 153.0 feet, more
less3 along Par—
cellqo
11, to a bound post, tnence in the same
dLrection a distance of., Ca 13 feet, along Parcel
Nb.. 11,. to. the sea; thence turning .pd running in
ageneral westerly and southerlydirectidn
‘a
distance o,f Ca 900 feet along the sea, to a point.;
thence turning and running Soth33 degrees 11 minute’s.
3p seconds. West a distance of Ca1:50. feet, to a bound
pst; thence turning atd running ?along a curve ‘with a
fldi-us of 101.19 feet, a.:distanoé of .120.1.2 feet,
.rhtt Or less, ‘to a point; th€fic4”tprning
and .runhing
Nbrth 77 degrees 54 minites 30 s4cOnds West a’ distande
o11E 207
61 feet, more or less, to a point, thence
turning and running along a curve with a radius of
1191.28 feet,
a. distance .of 145.88 feet,. more, or
flss, to a point; thence ttrningtand runnitig North
8 degrees 52 minutes 30 seconds West a distance of
19.49 feet, more or 1es, tct a bouhd. poót; thence
turning and running in a general easterLy dreccion
at distance of Ca 1210 feet, along the Public Road, to
the point of beginning
The area of Tract
2 is
4 8
qres, more ‘or less.
All distances are zn’English feet,
and all bearings are relatea
tb the Lathhert Grid;!
ad
atti that tract of land in St.
Themes, ‘Virgin Islands, lying
and situated ir Eastend Quarter, matriculated as Parcel No
19A
of Est!ate Smith Bay, No.
1,
2 and 3. Easténd Quarter., and more
particulariy as shown On 4 drawing qfs’aid Parcel prepared by
N 0
1’Iells,
C B
, dated October 8, 1946, and bearing Public Works
Depar&sent File: No.
B9-2-T46., and, described as follows:
Beginnitg at the Southeast cornet o.f Parcel No; 19, the line
runs:
.t-.
torth 81 degrees. 54 minutes Wesc:!a distance of 960 feet,
more or less, along Estate Benners to a bouno post, thence
turnixig and running
(2)
5.
‘d.,
4Ø
North
B degrees 0.6 minutes. East a distance of 144 feet
more or less, to a bound post; thence tunin and runninà
South 72 degrees 47 miruites Ea$t a distance of. 967 feet
more or less, to the point of beginning
The above bounded traCt contains 1,6.acres, more:dr less.
All distances are in English. feet: and all bearings are
related to the magnetic eridiat of 1921;
It being. und&stood.that 25 acre of the above property
of a value of
SEVEN THOUSAND SIX H{INDkEt ($7, 600 .00.)
DOLLARS
per acre, or a total value of O H
RED NINETY THOUSAND
($190,000.00)
DOLLARS; is heleby deeded to the Government as
a gift provided the same qualifies as a deduction under Secc..on
170 (a)
(b)
(Charitable Deductionè) o the 1954 Internal
Revenue Code, and the balance of 142.5’ acres: as a sale to the
Goverxçent, but if a favorable ineome;ikax ruling for the Grantor
is not;recdived by the Grantor on or b:efore December 31,
1968,
it is irndetst6od and agreed that the öv.ernment will purchase
said 2. acres at an additional price f ONE HUNDRED NINETY
ThOUSAm ($190,000.00) DOLLARS, :‘hicharnount shall be added
to andincludtd in the paythCnts to bejade under the aforesaid
?nrcha4e Màney Mortgage Boiid land: Indeijture.
Tgether with afl of the appurtp4ances and all Of the
estatel right,, title and interest of the Crantqr, his heirs
and askgns, in and to saId premises granted.
Rb HAVE AND TO HOLD the premises..herein granted unto th
GranteL, its successors and assigns forever,
i-i fee simple absolute,
subiec$ however, to rècord’ed.:easentii. for power and contnünicatibn
dated.. *ebruary 6, 1954 and November 24
1956: both ±ecorded in
Book 4jK, pages 241 and 246 respectiv4ly ;and’ numbered 151 and
122 and subjeCt to any other easethent4 or restrictions of recorL
fl7 WITNESS QHEREOF, the GRANTOR, HERY H
REICUHOLD, has
hereun4o set his hand’andjseal b.and;hOugh JOHN.E.
GOETZ,
I
3)
his attorney in fact. this 17th. day Of December, A.D.,
1968 under
power of attorney, dated. December 12th,
1968.
IN PRESENCE OF:.
:‘.ç / <{cV;’
JOHN F.
G’OETZb/JR’
._..
.•
L_>
I
...
9’.e
‘CELESTE M.
PIERCE
A;L17 // /E:;XL6
I
an.
ENRY H. EEI.HHOW,
By
‘j:OR’T’ F
.G.OETZ’, attdrney in
fact under power, .f
. attOrney
dated December 12,
2368.
STATE OF MI’aiIGAN ))ss.
COUNTY, OF WAYNE
‘)
On this the 17th day of P.ecemb*1 A.D.
1968 before the
PAUL V.
RAHALEY.,
a’ Notary Public in , fat the County of Wayne,
State of Michigan.; personally appeared JOHN F.
GOETZ,
known to
me to be the pErson whose name is. ‘sçbscribed as attorney in fact
for ‘HENRY IL’
REICHUOLD and 4c1apwlédged that he executed the same
• as the act of his :principal for the pu.posE$ therein contained.
IN’ WITNESS ‘WREÔF, I..:hereunto set my hand and’ official seal;
H)
Commission expires:
.PAULV.
‘RAHALEY, Notary’Puhlic,
tlayne Codnty, Michigan
(4)
.74,.,
P
F339
NOTARIAL ACKNOWLEDGMENT
I. EDGAR hi. 1R.AlqIGZN Clerkdt the.Circut Court for the .Couuiy of Wayne. which
ISa Court of Record, having a seal.
Do flereby Certify,
whose name in subucrsood to the
iftoate or Proof of ?cI..noskledflen ci the ainoxec i—s
men anWtiierfin written, was, at the time of takiq such roo or acknowiedgmer.s a Notaty
Pthlic in and for said Cbwny ‘duly comnilusconed and qualifted. and duly. auçhoriaed to take
the same
And
further Thet
sin well acqaainted w
h the hzndw iting of s,.ch \o.a-
flib1!c,and verily believe that the Sigilature to the said Certifcate or pioof of.aàlcnotdedgment
isgeiluine.. Tfurthep ceçtlfy.:fTha;esid. influntne 1k executed.and ecknowlodged according
to the laws of cilia State.
In Teetiunony Whereof, k kve hetcuisto tot soy hand and aMeed the seal of said Court
and County, at Dtroit, this... J.zr” day ef..>tC.
..
...;S D.
EDCA hi.
7GC’. Clerk
>
‘.. .h.
bA’,SQc2 .1.1.1.
.““%S’:
.
(5
1.
3.
‘.
S
N? B382384
;5TATE OF MICHIGAN,
County oq Wayne
a
C.
I.
4-
•
scnvryows rrnrrn
FOR CO1W.TY rcMY,-eeo;c FO
Estate Nazareth, No.
1 Red Hook
•uarter and Estate_Smith BaNOS.
1,2&3
aSt,Eñdnàrter. St. Thomas,
: -c PtiPuJC SURVL5’t I.
Oic-,
Camt.
St. Tfacrza, :.
•c7AMM,(r ‘%
2>
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ap
flflted, itt ‘: V
‘a:::4.4.4 Prnrriv/
&4J../’i
3;’,
47fl3
( ibe ±sr-:-..:y .;j r,
i;;t :‘d
St. Join. VIqth, ZL$aor- for ‘c im•
ATTEST:
ir IS HeRay C:.fD Ir/J
MENtGNc P!O?fkj
S ‘?.Ach,
D. 17, 196k
ZEtONO$ TO fle Governztèn-t.a1 the V{rgin Isian
HAS NO1 ACCORONG ra TH
; CO’
OF Tfl
OMct, w.Icc-cr
AN’
CHANGAS- TO RCi.NAE AZD .‘-RE4
OfficE C
•
ST.ThQM ‘S,-V.
Tanuar ‘3,1969
5UKiThf
3;
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to-
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.4-.
w
-
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“-,
-
•
- rtctozded and eutiIrM in hS ROOOr t’Boe
uf
st; T’nornkis and St. John, \rgEn 1smdT 9t tie U. S :
tr sc fOt/’PagaTh3 Sat. \0’t0 aoea
n
-
(PWPè±tY Regittet tot
a
& 0 J
U\ 84Q?tgc.Z&
-
-
- mE RECOIl!
St Thanias
.4-
?/)Z A
SURVEY:flS.14tKFWUEI
DRAWJ:MD.W-WU
TR4CED:
Wa.&
SCALE:
I%4oo’
DATE
2-22-S
ESTATE NAZ4nTH
No.1 RPHoaK#i
SAlw-r THOM
VIR&JU
tL.AMDs
‘_
ornçgow..o ww:
F a— 37Z-T