AMENDMENT NO. 1 TO
ASSIGNED LEASE AGREEMENT
Amendment No.l to the Assigned Lease Agreement
This Amendment No. 1 to the Lease Agreement between the Government of the U.S. Virgin
Islands and K9's on Patrol Service, Inc., executed on March 9, 2006, and assigned to Paradise
PawsVI, LLC,on December 21, 2018, madethis
day of
, 20
, by
and between the GOVERNMENT OF THE U.S. VIRGIN ISLANDS, acting through its
Commissioner of the Department of Property and Procurement, (hereinafter "Lessor") and,
Paradise PawsVI, LLC, whosemailing address is P.O.Box 9216St. Thomas, U.S. VirginIslands
00801, (hereinafter "Lessee").
WITNESSETH:
WHEREAS, the Government of the U.S. Virgin Islands entered into a Lease Agreement with
K9's on Patrol Service, Inc. to lease Parcel No. 180-1 Submarine Base, No. 6 Southside Quarter,
St. Thomas, Virgin Islands, consisting of 49,317.7 U.S. square feet of land more-or-less. The
Premises will be used for the operation of a K9 Kennel, training facility for the dogs, retail sales
and office, warehouse facility, and for other related activities; and
WHEREAS, the Lease Agreement was signed by the Governor of the U.S. Virgin Islands on
December 9, 2005, and was ratified by the Legislature of the U.S. Virgin Islands on March 09,
2006, and assigned to Paradise Paws VI, LLC, on December 21, 2018; and
WHEREAS, the Lessor and Lessee agrees, the Assigned Lease Agreement provides Lessee with
the option to renew the Lease for four (4) additionalterms of five (5) years each by giving written
notice ofsuch renewal at least thirty (30) days prior to the expiration ofthe Lease Term, and Lessee
has exercised three (3) ofthe four (4) additional terms of five (5) years; and
WHEREAS, Lessor acknowledges Lessee is in the third (3'^ ) renewal period of the Assigned
Lease Agreement, and the Lessor and Lessee agrees to four (4) additional terms of five (5) years
each by giving written notice of such renewalat leastthirty (30) days prior to the expirationofthe
Lease Term; and
WHEREAS, the parties desire to amend Article II Paragraph 2.02 Options:
NOW, THEREFORE, in consideration ofthe mutual covenants and agreements herein contained,
and intending to be legally bound by this instrument, the parties mutually agreed to amend the
Lease Agreement ratified by the Legislature ofthe Virgin Islands on March 09, 2006, as follows;
1. Article II Paragraph 2.02 Options is hereby amended by deleting all language contained therein
and replacing it with new language as follows;
Article II Paragraph 2.02 Options: IfLessee is not in default in the performance ofany material
condition of this Lease at the expiration of the Initial Term, Lessee shall have the option to
renew this Lease for eight (8) additional terms of five (5) years each (each a "Renewal Term")
at the rent provided for in Paragraph 3.03 hereof by giving written notice of such renewal at
least thirty (30) days prior to the expiration then current term.
Lessee's Initials
Paradise Paws. LLC
Parcel No. 180-1 Submarine Base,
No. 6Southside Quarter, St. Thomas, V.S.V.i
Amendment No. I
2
2. Except as expressly amended herein, all other terms and conditions set out in the assigned
Lease between the Government of the U.S. Virgin Islands and K9's on Patrol Service, Inc.,
executed on March 9, 2006, and assignedto Paradise Paws VI, LLC, on December21, 2018,
shall remain in full force and effect.
[INTENTIONALLY LEFT BLANK - SIGNATURES FOLLOW]
Lessee's Initials
Paradise Paws, LLC
Parcel No. 180-1 Submarine Base,
No. 6Soulhside Quarter, Si. Thomas, IJ.S.V.I.
Amendment No. I
Page 3
IN WITNESS WHEREOF, the parties herein have hereunto set theirhands and sealson the
day and year first above written.
WITNESSES:
LESSEE:
PARADISE PAWS VI, LLC
C:>rv ne.
<Lonocr
BY:'
(Print)
Paris Nicholson IV
President
T
(Pri^S)
'
PHsi
Territory ofthe Virgin Islands
District of St. Thomas/St. John
ACKNOWLEDGEMENT
) ss:
Before me personally appeared Paris Nicholson IV, President of Paradise Paws VI, LLC, to me
well known, or proved to me through satisfactory evidence and known to be the individual(s)
described in and who executed the foregoing instrument for the purposes therein contained.
WITNESS my hand on this /l^ day of
A.D. 20^
otary Public
Joann F. Penn-Lynch
"r'-Vyc"-
Notary Public
NP-a46-25
•
-
'.My Commission Expires; June 11. 2029
- Ji'
-
St. Thomos/St. John. U.S. Virgin fslonds
.•v
. sT"".
_
*
-
Jj •
'
V
»
^
•
A".-
Paradise Paws, LLC
Parcel No. 180-1 Submarine Base.
No. 6Southside Quarter, St. Thomas, U.S.V.I.
Amendment No. I
Page 4
GOVERNMENT OF THE VIRGIN ISLANDS
Lisa M. Alejandro, Commissioner
Department of Property and Procurement
Date:_
WITNESS:
L- OHioL
*rint)
I
(Sign)
APPROVED AS TO LEGAL SUFFICIENCY
Gordon C. Rhea, Esq., Attorney General
Virgin Islands Department ofJustice
BY: 4^At..
jistant Attomey General
APPROVED
Date:
Honorable Albert Bryan Jr.
Governor of the U.S. Virgin Islands
APPROVED
Date:
Date:
Honorable Milton E. Potter
President ofthe 36^^ Legislature oftheU.S. Virgin Islands
PARADISE PAWS VI LLC
SUPPORTING BUSINESS DOCUMENTS
( N/A )
Financial Statements/ Business Plan
(
X
)
Business License
Expires: 03/31/2027
( X
) Certificate of Liability Insurance (if already on property)
Expires: 03/03/2027 &(OI/29/2027) Property Insurance
(N/A )
Articles of Incorporation
(X
)
Articles of Organization
( N/A)
Certificate of Limited Partnership
( N/A)
Tradename Certificate (if applicable)
Expires: N/A
(
X
)
Corporate Resolution/ Memo Authorizing Signature
Dated: 02/20/2024
Expires:
( X
)
Certificate of Good Standing
Dated: 08/05/2025
Expires: 06/30/2026
( N/A
)
Certificate of Existence
Dated: n/a
Expires: n/a
o.
——
Q'
• '''flGINXi^^
THE GOVERNMENT OF THE VIRGIN ISLANDS
DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS
BUSINESS LICENSE
KNOW ALL BY THIS PRESENT
That, inaccordance with theapplicable provisions ofTitle 3 Chapter 16 and Title 27V.I.C. relating to thelicensing of
businesses and occupations, and compliance having been made with the provisions of 10 V.I.C. Sec. 41 relating to
the Civil Rights Act of theVirgin Islands, the following license ishereby granted.
Licensee:
PARADISE PAWS VI LLC
Trade Name:
PARADISE PAWS VILLC
Mailing Address
P.O. BOX 9216
ST.THOMAS
ST. THOMAS VI 00801
Business No:
26794
Physical Address
180-1 SUBASE
ST.THOMAS
ST. THOMAS VI 00802
License No:
1 -26794-1L
Types of License(s)
Boarding Kennel
Asprovided by law, theauthorized licensing authority shall have thepower to revoke or suspend any License issued
hereunder, upon finding, after notice and adequate hearing, that such revocation or suspension is in the public
interest; provided, that any persons aggrieved by any such decision ofthis office shall beentitled to a review of the
same bythe Territorial Court uponappeal madewithin (30) days from the dateof the decision; provided, further, that
all decisions of this office hereunder shall be final except upon specific findings by the Court that the same was
arrived at by fraud or illegal means.
If a renewal is desired, theholderis responsible for makingapplication for samewithoutany noticefrom thisoffice. It
is the responsibility of the Licensee to notify the Department in writing within (30)days, when a license is to be
cancelled or placedin inactive status.Failureto do so will result in the assessment of penalties as authorized by law.
Valid from
03/01/2026 until 03/31/2027
Printed on
Issued at
Fee
04/10/2026
St. Thomas,V.I.
130.00
H. Nathalie Hodge
Commissioner, Department of Licensing and Consumer Affairs
THIS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS
I
I
-• \ '"'V
'J •
Government of
The United States Virgin Islands
-O-
Of/ice ofthe Lieutenant Governor
Division ofCorporations & Trademarks
Business Entity No. 584059
CERTIFICATE OF GOOD STANDING
To Whom These Presents Shall Come:
I, the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that
PARADISE PAWS VI, LLC has filed in the Office of the Lieutenant Governor the requisite annual
reports and statementsas required by the Virgin Islands Code, and the Rules and Regulations of this
Office. In addition, the aforementioned entity has paid all applicable taxes and fees to date, and has a
legal existence not having been cancelled or dissolved as far as the records of my office show.
Wherefore, the aforementioned entity is duly formed under the laws of the Virgin Islands of the United
States, is duly authorized to transact business, and, is hereby declared to be in good standing as witnessed
by my seal below. This certificate is valid through June 30th, 2026.
Entity Type: Domestic Limited Liability Company
Entity Status: In Good Standing
Registration Date: 02/03/2014
Jurisdiction: United States Virgin Islands, United States
Witness my hand and the seal of the Government of
the United States Virgin Islands, on this 5th day
of August, 2025.
/•
u
,
Tregenza A. Roach
Lieutenant Governor
United States Virgin Islands
ACOrZ/
CERTIFICATE OF LIABILITY INSURANCE
DATECMMUDDrYYYY)
01/12/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THECOVERAGE AFFORDED BYTHEPOUCIES
BELOW. THIS CERTIRCATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
IfSUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement Astatement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PROEHJCER
Theodore Tunick &Company
1336 Beltjen Road, Suite 300
St Thomas
VI
00802
NAMEt*^
Sophia Jean
Evtv (340)776-7000
S^Nol:
(340)776-5765
AD^ESS- sjean@theodoretunick.com
INSURER(S) AFFORDING COVERAGE
NAICS
INSURERA; Lloyd's Syndicatetl2001AML
INSURED
Paradise Paws VI, LLC
PC Box 9216
St Thomas
VI
00801
INSURERS:
INSURER C:
INSURERD:
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER:
CL2611225094
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITIONOF ANYCONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICHTHIS
CERTIFICATE MAYBE ISSUED OR MAYPERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POUCYNUMBER
POUCY EFF
(MM/DDfYYYY)
POUCY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL 6E1yiERAL UABIUTY
E 1X| OCCUR
Y
SLGLMSA2140
03/03/2026
03/03/2027
EACH OCCURRENCE
j 500,000
CLAIMS4MD
DAMAGE TO RENTED
PREMISES (Ea occurrence)
, 100,000
MED EXP (Any one person)
, 5,000
PERSONAL & ADV INJURY
, 500,000
GENLAG6REGATE LIMITAPPUES PER;
GENERAL AGGREGATE
S 1,000,000
X
POUCY 1 1JECT
1 1LOC
OTHER:
PRODUCTS • COMPyOP AGG
, 500,000
s
AUTOMOBILE UABIUTY
COMBINED SINGLE UMIT
(Ea accident)
$
ANY AUTO
HEDULEO
rros
INOWNED
TOSONLY
BOaLY INJURY (Per person)
$
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SC
AU
BOULY INJURY (Per accident)
s
NC
AU
PROPERTY DAMAGE
(Per accident)
s
s
UMBRELLA UAB
EXCESS UAB
OCCUR
CLAIMS^OE
EACH OCCURRENCE
$
AGGREGATE
$
DEO
RETENTION S
$
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY
y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
|
1
OFFICERA/IEMBER EXCLUDED?
(Mandatory inNH)
'
'
Ifyes, describe under
DESCRIPTION OF OPERATIONS below
N/A
PER
OTH-
STATUTE
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
s
E.L DISEASE • POUCY UMIT
s
DESCRlPnON OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD101, AdditiORSi Remarlo Schedulo, tnay be attached if ntoro space is mquirad)
The Ceitficats HolderIs providedAdditional Insured status when required by writtencontract or agreement with respect to land leased to the insured
[BoardingKenneland Pet TrainingServices Provider]at 180-1 Subbase, St. Thomas, VI00802.
Government of the VirginIslands Dept of Property and Procurement
8201 Subbase Suite #4
St Thomas
VI
00802
1
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: SLGLMSA2140
COMMERCIAL GENERAL LIABILITY
CG 20 24 04 13
THIS ENDORSEMENT CHANGES THEPOLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS OR OTHER
INTERESTS FROM WHOM LAND HAS BEEN LEASED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Person(s) Or Organization(s)
Designation Of Premises
(Part Leased To You)
Government of the Virgin Islands
Dept of Property and Procurement
8201 Subbase Suite #4
St. Thomas. VI 00802
Information required to complete this Schedule, ifnot shown above, will be shown in the Declarations.
A. Section II -
Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with
respect
to
liability
arising
out
of
the
ownership, maintenance or use of that part of the
land leased to you and shown in the Schedule.
However:
1. The
insurance
afforded
to
such
additional
insured only applies to the extent permitted by
law; and
2. Ifcoverage provided to the additional insured is
required
by a
contract or
agreement,
the
insurance afforded to such additional insured
will not be broader than that which you are
required
by
the
contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional
insureds,
the
following
additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to lease that land;
2. Structural
alterations,
new
construction
or
demolition
operations
performed
by
or
on
behalf
of the
person(s)
or
organization(s)
shown in the Schedule.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available
under
the
applicable
Limits
of
Insurance shown in the Declarations;
whichever is less.
This
endorsement
shall
not
increase
the
applicable
Limits of
Insurance
shown
in the
Declarations.
CG 20 24 04 13
© Insurance Services Office, Inc., 2012
Page 1 of 1
ACORD
EVIDENCE OF PROPERTY INSURANCE
DATE (MM/IKMVYW)
2/12/2026
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
M}OITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE ACONTRACT BETWEEN THE
ISSUING INSURER{S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
AGENCY
Theodore Tunick
& Cospany
1336 Beltjen Road, Suite 300
St.
Thmaas
FAX
tA/C.Wal!
CODE:
(340)776-5765
AOENCY
1340,776-7000
VZ
00802
riAML
cmorriaStheodoretunick.com
SUBCODE:
COHPANY
MEHWIL
6500 Red Hook Plaaa, Ste. 209
Chairlotte Amalie
VI
00802
00056984
INSURED
Paradise Paws VI,
LLC
P.O.Box 9216
St.
Thomas
VI
00801
LOAN NUMBER
POLICY NUMBER
NB-a276-011
PROPERTY INFORMATION
EFFECTIVE DATE
1/29/2026
E)91RATI0N DATE
1/29/2027
TMS REPLACES PRIOR EVIDENCEDATED:
LCCATIOWDESCRIFnDN
Location: 180-1 Subbaae, St. Thomas, VI 00802
Description of Operation: Boarding Kennel/ Office
Building One: Boarding Kennel of Masonry Construction; Bathroom of Frame Constructxon
Building Two: Office of Metal Construction
CONTINUED UNTIL
TERMINATED IF CHECKED
THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N^^EDABO^ FOR^
NOTWITHSTANDING ANY REQUIREMENT. TERM ORCONDITION OFANY CONTRACT OR
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE
J^THE POUa
SUBJECT TO ALLTHE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS-
COVERAGE INFORMATION
COVERASEI PEftU 1FORUS
AMOUNTOF INSURANCE
DEOucnBir
Building One [Boarding Kennel/ Bathroom]
Building Two [Office Trailer]
Perils: Basic - Fire, Extended Coverage, Vandalism fi Malicious Mischief
and Earthquake.
Deductible:
5% or $5,000 whichever is greater for the perils of Windstorm
and Earthquake. $5,000 all other perils.
Co-Insurance:
80%
—
200,000
125,000
5,000
5,000
REMARKS (Includinfl Special Conditions)
Valuation: Actual Cash Value
CANCELLATION
SHOULD ANY OF THEABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THEPOLICY PROVISIONS.
NAME AND ADDRESS
None Stated
MORTQAGEE
LOSS PAYEE
AOOmONAL INSURED
LOFM n
AUTHORIZEDREPRESENTAnVE
«7 4001.91^0 ACORD CORPORATION.
All riohts reserved.
1NS027 {20oei2).02
The ACORO name and logo are registered mariw of ACORD
I
CorplDr;SB40&
!
DateFne±-02K)3/2O14
PM
IElfecltye Date:0904001412:00 AM
I
Qfegorylt Pra^fs.
I
LieutendrilO^yetnor
ARTICLES OF ORGANIZATION
OF
PARADISE PAWS VI, LLC
The undersijgocd forthe puipose offotniun^ aLimitedLi^nity
("LLC")l^ua^tothe IaM^.ofthe Vir^ Isliinds> aiwi specilkally to Uhifbnh
Ual^ty ConqiatLyActofdteViiigtit Island^ Chsgrtcr lS;ThleT3; Viipn JsIaiidS ctidc'
(Section 110i»^ esq,), asthe saipo nmy beamended fiom time totiirie, do make and file
these.AiticlcsofQt^iznlioniinwriting anddo ceiti^:
Hiename ofthe LLC shall beParadise Paws YL LLC; the LLC shall do
business as LLC
ARTICLE IL
o
o
?3
-V
o
-—
O
ZO
o
The principal's oifBce ofthe LLC in theVirginIslandsisloca^ all8D^
m
03
rrt
o
m
m
o
Sybase St thomas^U.S Vhginislands 00802 anddie mailingaddressisP.O^oi^ld^
StkThomas USVI 0080.1. Thename ofthe resident agentofthe LLC isParis
Nicholson IVwhose addressis 13B-5 EstateMandahl Apli5t2,StThomasV.|g^nd^
mailing address is P.O. Box9216StThomas USVI00801.
S
o
m
ARTICLE in.
The name,physical ondmailingeaidlress ofthe organizerisasfollows:
Name
MoilhigAddress
Phyrical Address.
Paris O. Nicholson IV
P.Oi Box ^16 St. Tfamnas V.100801
13b-5&tateMandahl Apt#2St.Thomas-V.100802
ARTICLE IV.
Tefrttory oftJie
Vtrgin Islands
Creation- LLC 3 Pa8e(s)
n4(S$16102
The LLCis to haveperpetualexistence.
ARTICLE V.
The minimumamountofcapital with uhlch IXC will cotnmexice
business is $1,000.00 LtSD.
ARTICLE VI.
This LLC wll be member managed.
The members of the LLC shall not be liable for its debts and
obligations.
IN WITNESSWHEREOF, we havemade,signedandacknowledge
These Articles ofOrganization Uiis/^^day ofDecember 2013
^
I t
r;
Paris O.Nicholson IV
^
S
o
541-
^
5 54
c*z
.
m
o
^
Territoryofthe Virgin Islands
)ss:
o
-o
r^
District ofStlhomas and StJohn )
^
^
Subscribed acd sworn to before me this
ofDecember 2013.
i
^
1-^
-»
CD
-r
,i\'
CERTIFICATE OF RESOLUTION
I, Shemura Nicholson of Paradise Paws VI, LLC a duly organized LLC in the Virgin
Islands and in good standing, hereby certifies that ithas adopted the following resolution,
which has not been modified or rescinded:
RESOLVED,thatParadise Paws VI,LLChereby authorizes ParisNicholson IV,President
to sign the LeaseAgreement, submitall requireddocuments, and take all such other steps
asmaybenecessary to effectuate saidLease Agreement withtheGovernment ofthe Virgin
Islands.
Secretary
Date: ^
.2^
8TAT6
COUNTY^
J 5
^
lL.
RN TO AND SUJSQRiBED BEFORE ME THIsZO daY OP
I
"
.
/^ORNTOANOSUeSCI
TOMEONbasis of
8ATIBFACT0RY EVIDENCE TOBEPERBON^B) WHO
APPEARED BEFO
IEXffRES
Lj?^{Icf tgQ 4^
NOTARY PUBLIC
MY COMMISSION
iJri.M
joatNt /•. /'''nil-/yiiri'
'jt/'
»'H.I M' A|iiii
i;/'' i,iuih\ ..M)ii It
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EXERCISE OF THIRD OPTION TO
RENEW
(FEBRUARY 27, 2026)
-Ai^ADISE PAWS VI. LLC
St. Thomas. U.S. Virgin Islands
Email: paradisepawsvi@gmail.com I Phone: (340) 727-7297
Date: February 27.202(^
To:
Government of the Virgin Islands
Department of Property and Procurement
8201 Sub Base
St. Thomas, VI00802
RE: Notice of Exercise of Third Renewal Option
Lease Premises: 180-1 Sub Base, St. Thomas, VI00802
This letter serves as formal written notice that Paradise Paws VI, LLC (Tenant^ hereby elects to
exercise its Third Renewal Option under the terms and conditions ofthe existing lease agreement with
the Govemment of the Virgin Islands, Department of Property and Procurement ("Landlord") fortne
premises located at 180-1 Sub Base, SL Thomas, VI 00802.
Pursuant to the lease provisions, Tenant is providing this notice priorto the expirationof the current
renewal term, which is set to expire on March 31, 2026, in order to maintain the lease in full force and
effect while the parties continue discussions and processing of any proposed amendments.
Tenant intends for this renewal to extend the lease in accordance with the terms outlined in the
agreement, subject to any mutually agreed-upon modifications or amendments currently under
consideration.
Please confirm receipt of this notice and advise of any additional documentation or steps required to
formalize this renewal.
Thank you for your attention to this matter. We look forward to continuing our tenancy and working
collaborativeiy throughout the renewal and amendment process.
Paris O. Nicholson IV
Owner / Operator
Paradise Paws VI, LLC
EXERCISE OF SECOND OPTION TO
RENEW
(SEPTEMBER 13, 2022)
WO?:
September 13,2022
Commissioner; Anthony D.Thomas
Cc: Deputy Commissioner: Vincent Richards
Department of Property & Procurement
8201 Subbase Suite #4
St. Thomas. VI 00802
Dear Commissioner Thomas,
I'm writing this letter to inform the Department of Property & Procurement of my intent toexercise the second
renewal option to extend the lease for Paradise Paws VI of 180-1 Sub Base, St. Thomas. VI 00802, for another
five-year term.
The initial lease agreement, recorded in 2006. was for a ten-year term with four five-year renewal options. In
addition to exercising the second of the fourrenewal options. I'm also requesting thatan additional (4)five-year
term renewal options beadded to the agreement. These renewal options would provide security and stability as
we areprojected to invest another $125,000.00 in facility improvements and expansion.
1appreciate your consideration and hope The Department of Property and Procurement can honor this request. I
look forward to continuing our business relationship.
Thank you.
Paris O. Nicholson IV
President, Paradise Paws Vl
(352)408-1399
r\ V- LU' ^
•
-
i^-n SUB BASE ST. 1
DKSEPWASVI.COM
EXERCISE OF FIRST OPTION TO
RENEW
(OCTOBER 26, 2015)
Mm
Im
K9 oil Patrol Services
P.O. Box 9216
St'lliomas VI, 00801
i)ara(lisei)awsvi@innail.com
340.727.7297
October 26, 2015
Mr. Randolph Bennett
G>mmissioncr of Properly& Procurement
8201 Sub Base S'" Floor
St Thomas VI, 00801
Re: Exercise of Renewal Option
Dear Mr. Randolph:
Pursuant tosection 2.02 ol llic lease agreement, we would like to exercise ourfirst five year
renewal option. We are currently operatingout of 180-1 Sub Baseunder K9 on PatrolServices.
Please accept lliis letter asourfonni intent todo so.
II you have any questions, or require additional infonnation, please contact usatany time.
Wann Regards,
Paris O. Nicholson IV
K9's on Patrol Service, Inc. Fully
Executed Lease Agreement (March 9,
2006)
'V
W^Rlfle
LEASE AGREEMENT
--
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^
Reconfs of
S.TKWK8/ST JBHM
iSCffilSER OF KEDS
GOVERNMENT OF THE VIRGIN ISLANDS
DEPARTMENT OF PROPERTY AND PROCUREMENT
and
K9'S ON PATROL SERVICE, INC.
PREMISEIS:
Parcel No. 180-1 Submarine Base, No. 6 Soutbside Quarter, St.
Thomas, Virgin Islands, consisting of approximately 49317.7 sq. ft
and a portion of Parcel No. 180-3 Submarine Base, No. 6< Soutbside
Quarter, St. Thomas, Virgin Islands, consisting of approximate^
62,808.1 sq. ft.
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K9*S OnPatrolServfl^nc.
Parcel No.
Submarine Base, No. 6 Southside Quarter,
StTtmuii^Vb^ Islands
Page2ori9
TABLE OF CONTENTS
ARTICLE I
5
Premises And Use
5
Premises
5
Use
ARTICLE II
5
Term
5
Term
Options
.....6
Failure to Give Possession
6
Holding Over
6
ARTICLE III
6
Rent.
6
Initial Rent
6
Reduction in Initial Rent
...... 6
ReaJjustment ofRent
^
.1:...;..;...... 6
Late Payment Charges
Unpaid Rent, Fees and Charges
ARTICLE IV
Improvements
Improvements
Titleto Improvements
8
Location and Improvements
8
Repairs by Lessee
8
Failure of Lessee to Repair
8
Excavation and Sorting
9
ARTICLE V
9
Mechanic's Lien
9
Mechanic's Lien
9
ARTICLE VI
10
Insurance and Indemnity
10
K9*S On Patrol Se
Inc.
Parcel No. 180-1, Submarine Base, No. 6 Southside Quarter,
St Thomas, Virgin Islands
Page 3 of19
Liability Insurance
Indemnity
Non-Liability
Rre and Extended Coverage by Lessee
ARTICLE VII
Entry By Lessor
Access to Premses
Easement for Pipes and Water Storage Tank Fadiity....
ARTICLE VIII
Condemnation
Notice of Condemnation
Rights of Lessor and Lessees
Taking of Leasehold
Total Taking
Partial Taking
Article IX
Cancellation, Tennination and Ass^nment and Transfers
Cancellation
Termination
Repossessing and Reletling
Assignment and Transfer
Subleasing
Article X
General Terms and Conditions
Notices
Non-discrimination
Officials not to Benefit
Agreement made in the Virgin Islands
Counterparts
Cumulative Rights and Remedies
Interpretation:
Agreement made inWriting
K9*SOd PatrolSenflfInc.
Parcel No. IM-I, Snbinarine Base, No. 6 Sonthside Quarter,
St Tbootts,Vii]^l^nds
PagedofiS
PaiBgraph Headings
15
Invalidity or Illegality of Provisions
15
Successors and Assigns
15
Broker
15
Approvals Required
15
Article XI
15
Conflict Of Interest
15
Conflict of Interest
15
R^hts of Holderofthe Leasehold Mortgage
16
Compliance with Laws
16
Waiver
16
Enfbroment of Lease Tenns
17
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ST THOHSm JffiiN
Ulun 0. WffiT SMITH
KCQR9ER OF DEEDS
K9*S On Patrol ServicVpibc.
ParcelNo.180-1, Submarine Base, No. 6 Southside Quarter,
St tbomas. Virgin Islands
{Page 5 of19
LEASE AGREEMENT
day of
THIS LEASE made this
2005 by
and between the GOVERNMENT OF THE VIRGIN ISLANDS, acting through its
Commissioner of Property and Procurement, hereinafter "Lessor" and K9's On Patrol
Iseivice, Inc., whose mailing address is P.O. Box 8721, St. Thomas, Virgin Islands
00801, hereinafter "Lessee".
IwiTNESSETH:
In consideration of the mutual covenants and agreements herein set forth it is
jhereby agreed:
ARTICLE I
iPremises And Use
11.01
Premises: The Lessor hereby leases to the Lessee and the Lessee hires and
takes finom the Lessor all of that certain parcel located at Parcel No. 180-1
Submarine Base, No. 6 Southside Quarter St. Thomas, Virgin Islands, consisting
of 49317.7 sq. ft. and a portion of Parcel No. 180-3 Submarine Base, No. 6
Southside Quarter St. Thomas, Virgin Islands, consisting of62808.1 sq. ft.
The
aforesaid property is shown on the BGM Engineers &Surveyors map file no.
5073GD dated July 25, 2005, a copy of which is attached and made a part
hereof.
11.02
Use: The Lessee shall use the hereby leased premises for operatton of a K9
kennel, training facility for the dogs, retail sales and office, warehouse facility and
anyother relal^ activities.
ARTICLE II
farm
.01
.02
Term: The term of this Lease shall be fora period often (10) years commencing
on the first day of the month following approval by the Govemor and the
Legislature of the Virgin Islands.
Options: If Lessee is notIn default inthe performance ofany material condition of
this Lease at the expiration of the initial term, Lessee shall have the option to
renew this Lease for four (4)five (5)years at the rent provided for in paragraph
3.03 hereof by giving written notice ofsuch renewal atleast thirty (30) days prior
to the expiration ofthe Lease term. In the case ofanydefault, which cannot be
cured prior to the expiration of the initial term, Lessee may still exercise the
option to renew if at suchtime itis with reasonable diligence proceeding to cure
such default.
.03
Failure to Give Possession: The Lessor shall not be liable for failure to give
possession ofthe premises upon commencement date by reason ofthe fact that
K9'S On Patrol Se
Inc.
Pared No. 180-1, Snbmarine Base, No. 6 Soutbside Quarter,
St. Thomas,Vlr^n Islands
Page 6 of19
the demised premises are not ready for occupancy, or due to a prior lessee
wrongfully holding over or any other person wrongfully In possession of for any
other reason; In such event the rent shall not commence until possession Is
given or Is available, but the term herein granted shall not be extended.
2.04
HoldlnoOver: IfLessee remains Inpossession after expiration of the term hereof,
without Lessor's express consent and without any distinct agreement between
Lessor and Lessee, Lessee shall become a mon^ to month Lessee and there
shall be no renewal, of this Lease by operation of law. During the period of any
such holding over, ail provisions of this Lease shall be and remain In effect
except the rent provisions. The rent during this hold over period shall be two
hundred (200%) percent of the rent payable for the last calendar month of term of
this Lease, Including renewals or extensions. The Inclusion of the proceeding
sentence In this Lease shall not be constructed as Lessor's consent for Lessee to
hold over.
ARTICLE III
Rent
3.01
3.02
3.03
Initial Rent The Lessee shall pay to the Lessor an annual rent of Forty Eight
Thousand Dollarsand No Cents ($48,000.00) payable at Four Thousand Dollars
and No Cents ($4,000.00) In equal monthly Installments forthe first five (5) years
of this Lease.
Payment of annual rent shall be made In equal monthly
Installments In advanceon the first day ofeach and every month during the term
thereof, without any previous demand by Lessor, provided, however.
If
possession of the premises Is granted to the Lessee at a date after the first of the
month then In such eventthe rentforsuch first month shallbe prorated. The rent
shall be paid at Lessor's ofRce at Building No. 1 Subbase, St. Thomas, Virgin
Islands 00802, together with any other sum due as additional rent as provided
herein.
Reduction In Initial Rent: Lessee shall be required to pay reduced rent of Two
Thousand Dollars and No Cents ($2,000.00) permonth andten percent (10%) as
a late fee during the Construction Period hereinafter defined InSection 4.01. The
reduction In rent shall terminate upon the expiration of the Construction Period,
as defined In Section 4.01. This r^uced monthly rental rate will not beavailable
beyond the Construction Period.
Should all of the improvements stated in
Secb'on 4.01 be completed prior to the time allotted for the Construction Period,
rental In Section 3.01 will commence.
Readlustment ofRent The rent payable under this Lease shall beadjusted after
^e first five (5) years and every five years thereafter. Including any renewal term.
In accordance with the increase ofthe Consumer Price Index as established by
the U.S. Department of Labor, Bureau of Labor Statistics for "ALL Items, ALL
Urban Consumer (1867-100%)" (CPI) as follows,
provided, however, no
adjustments In rental for any five (5) yearadjustrnent shall be" Increased more
than 5% over any preceding year period.
K9*S On Patrol Se
Inc.
Parcel No. 180*1, Snbmarine Base, No.6 Sonthside Quarter,
St Thomas,Vii^ Islands
Page7ofl9
A.
The CPI as of the first month of the initial term and as of the first month of
each subsequent year shail be base price indexand CPI as of the month
immediately precedingthe first of any year after the initial term shall be the
current price index.
B.
The current price index shall be divided by the base price index and the
quotient thereof shall be multiplied by the sum of the annual rent of the
prior five (5) year.
0.
The resulting product shall be the annual base rental for the current five
(5) years.
D.
At the end of the first five years and every five years thereafter of this
Lease, the base rental shall be adjusts in the same manner, using the
index for the month preceding the thinning of each year ofthe Lease for
the current price index.
In no event shall any rent determined in the above manner be reduced below an
annual rent of $48,000.00.
3.04
Late Pavment Charges: Lessee acknowledge that late payment by Lessee to
Government of rent and other charges providedlor under tiiis Lease will <»u^
Govemment to incur costs not contemplated by this Lease, ttiKS exact amount Of
such costs include without limitation, processing and accounting cham<^
Therefore, ifany installment of rent or any other charge due from Lessee is not
receivedby Govemmentwithin ten (10)days ofthe date due, Les^ shall pay to
Govemment an additional ten percent (10%) ofthe initial rentas a latecharge.
The parties agree that this late charge represents a lair and reasonable estimate
ofthe costs thatGovemment will Incur byreasonofthe latepayment byLessee.
Acceptance of any late charge shall not constitute a waiver of Lessee's default
with respect to the overdue amount, nor prevent Govemment^m exercising any
ofthe other rights and remedies availabte to Govemment.
3.05
Unpaid Rent. Fees andCharges: Any installment ofadditional rent, sMrjrMaylees,
other charges or rrioney not received by the 10^ day after the day whdn p^^ent
is due shall bear interestat the rate of ten percent (10%) per year frm the dais
vtfhen thesamewasdueaccording totheterrri ofthis Leaseuntil paid byLessee.
ARTICLE IV
Improvements
4.01
Improvements: Asa partofthe consideration ofthisagreement, the Lesseeshall
provide at its own cost and expense the following improvements (the
K9*S On Patrol Servlcerinc.
Parcel No. I80-I,Submarine Base, No. 6Southside Quarter,
St Thomas, Virgin Islands
Page 8 of 19
"Improvements") owned by Lessee at an estimated cost of $350,000.00, which is
subject to 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 deemed necessary.
Erect perimeterfencing andwarehouse facility;
Construct kennels, including but not limited tothe installing piping, fencing
gravel and concrete blocks, although the kennels are removable;
Erect ofTice structure/trailer;
Install lighting throughout thepremises; and
Landscaping of the premises.
The Improvements shall be completed within eighteen (18) months of the
effective date ofthis lease (the "Construction Period").
Lesseeshall maintain the said premises in good repair and tenantable condition
and make ail repairs required of a non-structural and structural nature to make all
exterior structural repairs, or repairs to heating, plumbing equipment and
electrical facilities.
Lessee agrees to keep the said premises and appurtenances as repaired, in a
clean, sightly and healthy condition, and to return said premises to Lessor upon
the expiration or other termination ofthis Lease, in a good condition as it was
since the lastrepairs were made, lessreasonable wear andtearfrom intervening
use.
Title to Imorovements: At the conclusion of this Lease or if renewed, any
renewal, title to any structure or improvement by Lessee incorporated into realty
shall vest in the Lessor.
Fumiture or other items of personalty, ifnot removed from the premises prior to
termination shall become the property of the Lessor.
Location and Imorovements: All of the above mentioned improvements to be
made bythe Lessee shallbe located on Parcel No. 180-1 and a portion of 180-3
Submarine Base, No. 6 Southside Quarter, St Thomas, Virgin Islands.
Repairs bv Lessee: Lessee shall at its own cost and expense, make all repairs,
structural or othen/vise to the interior and exterior of said premises. Repairs, as
used
herein
shall
mean
all repairs,
replacements,
renewals,
alterations,
additions, improvements and betterment. The provisions of this 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.
4.02
4.03
4.04
4.05
A.
B.
C.
D.
E.
Failure of Lessee to Repair:
been given a twenty-day notice
In the event the Lessee, after it shall have
(except in a case of emergency in which event
K9*S On PatrolSen#Inc.
Parcel No. 180-1,Submarine Base, No.6 Southside Quarter,
St Thomas, Vir^ islands
Page 9 of19
reasonable notice under the circumstances shall be sufficient), refuses and
neglects to make anyrepair for which it is responsible or ifrepair is necessitated
byreasonofthe Lessee's negligent acts oromission, thenthe Lessor may make
such repairs.
Lessor shall not be responsible for any loss, inconvenience or
damage resulting to Lessee because of Lessor's repair. The costofsuch repair
byLessor, togetherwith interest at the rate provided in Section 3.04shall be paid
by the Lessee as additional rent.
4.06
Excavation and Sorting: Ifany excavation shall be made or contemplated to be
made for building or other purposes upon property or streets adjacent to or
nearby the Leased premises, Lessee either
A.
Shall afford the person or persons causing or authorized to cause such
excavation the right to enter upon the leased 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 demised premises from injuryor damage and support the same by
property foundation, or
B.
Shall at the expense of the person or persons causing or authorized to
cause such excavation, do or cause to be done all such work as may be
necessary to preserve any of the walls or structures of the improvements
on the leased premises from injury or damages and to support the same
by proper foundations.
Lessee shall not by reason of any such excavation or work, have any claim
against Lessor for damages or Indemnity or for suspension, diminution,
abatement or reduction of rent under this Lease.
ARTICLE V
Mechanic's Lien
5.01
Mechanic's Lien: Nothing contained in this Lease shall be deemed, construed or
interpreted to imply any consent or agreement on the part of Lessor to subject
Lessor's interest or estate to any liability under any mechanic's lien. Should any
notice of intention to file a lien under Title 28, Chapter 12 of the Virgin Island
Code or any mechanics or other lien be filed against the property of the Lessor,
for any work, labor, services or materials performed at or fiimished to the
propertyfor or on behalf of the Lessee or anyone holding any part of the property
through or under Lessee, Lessee shall cause the same to be canceled and
discharged of record by payment, bond or order of a court of competent
jurisdiction withinthirty (30) days after notice by Lessor to Lessee. IfLessee fails
to discharge said lien ^en the Lessee shall forthwith reimburse the Lessor the
total expenses incurred by the Lessor in discharging the said lien, as additional
rent hereunder.
K9>SOn Patrol SermInc.
Parcel No. 180-1,Snbmarine Base, No.6 Sootbslde Quarter,
St Thomas, Virgin Islands
Page 10 of19
ARTICLE Vi
Insurance and indemnity
6.01
Liabilitv Insurance: Lessee shall, during the term thereof, keep in ^11 force and
effect a policy ofpublic liability and property damageinsurance In which the limits
of public liability shall be no le^ then Three Hundr^ Thousand Dollars
($300,000.00) property damage. Three Hundred Thousand Dollars ($300,000.00)
for one person and Five Hundred Thousand Dollars ($500,000.00) for any
number of persons injured or killed in any one accident. All of said insurance
shall be in a form satisfiactory to Lessor and shall provide that it shall not be
subject to cancellation, termination, or change, except after thirty (30) days prior
written notice to Lessor, Lessee shall fiimish Lessor, or Lessor's designee, with a
certificate of insurance evidencing the coverage required hereunder on the day
Lessee commences occupancy or work in or about the property herein leased.
All such insurance policies shall name the Lessor as loss payee for the full-
insured amount.
6.02
Indemnitv: Lessee agrees to indemnify and save Lessor harmless from and
against any and all claims and demands (except such as result from the sole
negligence of the Lessor, its agents, contractors, servants or employees or the
failure of Lessor to complywith the terms of this Lease) for or In connection with,
any accident, injury or damage whatsoever caused to any person or property
arising, directly or indirectly, out of the business conducted on the property
leased herein or occum'ng in, on or about the said property or any adjacent area
under the exclusive control of the Lessee or arising directlyor Indirectly, from any
act or omission of Lessee or subtenant or their r^pe^e servants, agents,
employees, or contractors, and from and against any and all costs, expenses and
liabilities incurred in connection with any such claim or proofing brought
thereon.
6.03
Non-Liabilltv: Lessor shall not be responsibte 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 adjoiningthe property or any part thereof, or for any
loss or damage resultingto Lessee or its property from water, gas, steam, fire or
the bursting, stoppage, or leakingof pipes, provided such loss or damage is not
occasioned by the sole negligence of Lessor or its agents, contractors, or
employees.
6.04
Fire and Extended Coverage bv Lessee: Lessee shall keep all buildings on the
demised premises insured against loss or damage by fire with the usual
extended coverage endorsements, in amounts not less than eighty(80%) of the
full Insurable value thereof, above foundation walls.
A copy of ail Insurance
rrolicies shall name the Lessor as loss payee and be delivered to the Lessor
within 20 days of the effective date of this Lease.
K9*S On Patrol Se
Inc.
Parcel No. 180-1,Snbmarine Base, No.6 Southside Quarter,
St Thomas, Virgin Islands
Page 11of19
ARTICLE VII
Entry By Lessor
7.01
Access to Premises: Lessor or Lessor's agents shall have the right to enter upon
the Leased Premises at all reasonable tirnes to examine the san(ie and to show
them to prospective purchasers, lenders orLesseds.
7.02
Easement for Pipes and Water Storage Tank Facllitv: Lessee shall permit Lessor
or its designees to erect, use, maintain and repair pifiies. water storage tank
facility, cables and wires, in, on or ttirough the property 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 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 Lessees: Lessor and Lessee shall each have the right to
represent its respective Interest ineach proceeding or negotiation with respect to
a taking or intended taking and to make full proof of its claims. No agreement,
settlement, sale or transfer to or with the condemning authority shall be made
without the consent of both parties. Lessor and Lessee each agree to execute
and deliverto the other any instrument that may be required bythe 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, ail sums including damages and interest
awarded for the fee, leasehold, or both shall be distributed and disbursed as
K9'S On PatrolSe41Inc.
Itarcel No. 180-1, Sabnarine Base, No. 6 Southside Quarter,
St Thomas, Virgio Islands
Pagel2ori9
Lessor and Lessee may agree, or in the absence thereof, In accordancewth the
laws ofthe Virgin Islands.
^
8.05 Partial Takino: Upon a partial taking, all sums including damages ai^ ffiferest
awarded for the fee, leasehold or both shall be distributed and disbursed to
Lessor and Lessee as they may agree or, In theatamce the^isbf; In pcdudance
with the laws of the Virgin Islands. Upon a partial taking Lessee shall hatve the
option ofterminating this Lease upon thirty (30) days noticeto Lessor.
Article IX
Cancellation, Termination and Assignment and Transfers
9.01
Cancellation: This Lease shall be subject to cancellation by Lessor in the event
Lessee shall:
A. Be inarrears inthe payment ofthe whole or any part ofthe amountagreed upon
hereunder for a period offorty-five (45) days after Lessorhas notified Lessee in
writing that payment was not receiv^ when due.
B. File In anycourt a petition in bankruptcy or insolvency orfor the appointment ofa
receiver or trustee of allor a portionof Lease's property.
0. Make any general assignmentforthe benefitofcreditors.
D. Abandon the Leased Premises.
E. Defeult in performance of any of the covenants and conditions required herein
(except rental payments) to be kept and performed by Lessee, and such default
continues for a period of forty-five (45) days after receipt of written notice from
Lessor to cure such default, unless during such forty-five (45) day period, Lessee
shall commence and thereafter diligently perform such action as may be
reasonably necessary to cure such defoult.
if default by Lessee in the
performance of its obligations hereunder Is precipitated in whole or in part, by
activities for which Lessor is solely responsible, the period herein established to
commence a cure for the said default will be extended for a reasonable period to
account for the effect of Lessor's activities.
F. Be SKijudged a bankrupt in Involuntary bankruptcy proceedings.
Be made a party of any receivership proceeding in which a receiver is appointed for
the property or afteirs of Lessee where such receivership is not vacated within sixty
(60) days after the appointment of such receiver.
In any of the aforesaid events. Lessor may take immediate possession of the
Leased Premises and remove Lessee's effects, to the extent permitted by law,
without being deemed guilty of trespassing.
K9'S On PatrolSenfl^lnc.
Parcel No. 180-1,Snbmarine Base, No.6 Southside Quarter,
St Thomas, Vir^ Islands
Page 13 of19
FailuiB of Lessor to declare this Lease terminatedupon the defaultof Lessee forany
ofthe reasonsset outshall notoperate to barordestroy the right ofLessortocancel
this Lease byreason ofany subsequent violation oftheterms ofthis Lease.
9.02
Termination: This Lease shall terminate at the end of the Lease term or renewal
period.
9.03
Repossessina and Relettina: In the event of default by Lessee hereunder which
shall remain uncured after the required notices have been given pursuant to this
Lease and forsuch timeas provided herein, Lessor may at once thereafter, or at
anytime subsequent during the existenceofsuch breachofdefault:
A. Enter into and upon the Leased Premises or any part thereon and repossess
the same, expelling therefrom Lessee and all personal property of Lessee
(which propertymay be removedand stored at the cost of and forthe account
of Lessee), to the extent permitted by law.
B. Either cancel this Lease by notice or without canceling this Lease, relet the
Leased Premises or any part thereof upon such terms and conditions as shall
appear advisable to Lessor.
If Lessor shall proceed to relet the Leased
Premises during any month or part thereof, at less than the rent due and
owing from Lessee during such month or part thereof under the terms of this
Lease, Lessee shall pay such deficiency to Lessor upon calculation thereof,
providing Lessor has exercised good ^ith in the terms and conditions of
reletting. Payment of any such deficiendes shall be made monthly within ten
(10) days after receipt of deficiency notice.
if any suit or action is brought by Lessor against the Lessee to enforce any of the
provisions hereof, the Lessor shall be entitled to collect reasonable costs and
attorney's fees in the action or proceeding.
9.04
Assionment and Transfan Lessee shall not assign or transfer this Lease or any
interest therein, without the prior written consent of Lessor which shall not be
unreasonably \^held. Any consent of any assignment shall not be deemed
consent to any subsequent assignment.
9.05
Subleasing: Lessee may not sublet the Demist 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.
In the event that Lessor
consents to subteasing of the Demised Premises or any part thereof, the Lessee
pay to the Lessor an additional amount equal to thirty-five percent (35%) monthly
of such subleasing income as additional rent. This additional rent shall be due
and payable on the next rent day after such subletting rent becomes due from
the subtenant.
Jt^t
K9*S On Patrol Serviorinc.
Pircel No. 180-1,Sabmarine Base, No. 6Sonttiside Quarter,
StThomas,Vtr^ Islands
Fngel4ofl9
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 mall, retum receipt request, posts^ fully prepaid,
addressed to the proper party at:
LESSOR:
Department ofProperty &Procurement
Building No. 1 Subbase
Charlotte Amalie
St Thomas, Virgin Islands
00802
LESSEE:
K9's On Patrol Service, Inc.
P.O. Box 8721
St. Thomas, Virgin Islands 00801
The address ofeither party may be changed from time to time by giving written
notice to thateffect
10.02 Non-discrimination: Lessee in exercising anyofthe rights or privileges granted by
this Lease, shall not, on the grounds of race, color, creed, sex or national origin
dfecriminate or permitdisbrimination against any person.
10.03 Officials not to Benefit: No member of the U.S. Congress or the Territorial
Legislature, no official or officer of the United States or the Virgin Islands
Govemmerit or any oftteir instrumentality's shall tie admitted to any share of
this Lease or any tienefit ofvaluethat mayarise therefrom.
10.04 Aoreement made in the Viroin Islands: The laws of the U.S. Virgin Islands shall
govem the validity, performance, andenforcement ofthis Lease.
10.05 Counteroarts: This document is execute in four counterparts, each of which
shall be deemed an original.
10.(» Cumulative Rights and Remedies: All rights and remedies of Lessor here
enumerated shall be cumulative and none shall exclude any other right or
remedy allowed by law.
Likewise, the exercise by Lessor of any remedy
provided for herein or allowed by law shall not t>e to ^e exclusion of any other
remedy.
10.07 Interoretation: Words of gender used in this Lease shall be held to Include the
plural and vice versa unless the context othenMse requires.
10.08 Agreement made In Writing: This Lease contains all of the 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
K9*S On PatrolSer^fInc.
Parcel No. 180-1, Submarine Base, No. 6 Southside Quarter,
StThomas,Vlr^ Islands
Page 15of19
10.09 Paragraph Headings: The table of contents of this Lease and the captions of tf^
various articles and paragraph of this Lease are for convenience and ease of tti»
scope, content or intent of this Lease or any part of parts of this Lease.
10.10 invaiiditv or lliegaiitv of Provisions: The invalidity or illegality of any provisions
shall not effiect the remainder of this Lease.
10.11 Successors and Assigns: All of the terms, provisions, covenants and conditions
ofthis Lease shall inureto the benefitof and be binding upon Lessor and Lessee
and their successor, assigns,
legal representative,
heirs, executors and
administrators.
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 rentir^ of the Premises.
Lessee agrees to hold Lessor harmless against any claims for brokerage
commission arising out of any conversation or negotiation had by Lessee with
any broker.
10.13 Approvals Reouired: This Lease shall not become effiective unless approved by
the Governorand the Legislature ofthe Virgin Islands.
ARTICLE XI
Conflict Of interest
11.01 Conflict of Interest: Lessee covenants that it has no interest and will not acquire
anyinterest, direct or indirect, which would conflict inany manner ordegreewith
the perfonnance of its obligations under this Lease.
Lessee further covenants that it is:
a.
Not a territorial officer or employee (i.e. the Governor, Lieutenant
Governor, member ofthe Legislature or any other electedterritorial
official; or any officer or employee of the legislative, executive or
judicial branch of the Government or any agency,
board,
commission or independent instrumentality of the Government,
whether compensated ona salary, fiee orcontractual basis); or
b.
Aterritorial offioer or employee and, as such, has:
i.
Tofomiliarize itself with the provisions ofTitle 3 Chapter 37,
Virgin Islands Code, pertaining to conflicts of interest,
including the penalties provisions set forth in Section 11.08
thereof;
K9*S On Patrol Se
Inc.
Parcel No. 180-1,Submarine Base,No.6 SonthsideQuarter,
St Thomas,Vir^ Islands
Page 16 of 19
ii.
Not made, negotiated or influenced this contract, in its ofTiciai
capacity;
iii.
No finandal interest in the contract as that term is defined in
Section 11.01 of said Code Chapter.
11.02 Rights of Holder of the Leasehold Mortgage: Not withstanding anything to the
contrary herein contained, Lessor agrees that in the event that Lessee secures a
leasehold mortgage and thereafter defaults in the performance, of any of the
terms and conditions of this Lease agreement, Lessor will give notice of such
default to any holder of the leasehold mortgage (where Lessor has t>een notified
of the Identify of the leasehold) and a like notice of the default to the Lessee.
The Lessee or the holder of the leasehold mortgage shall have the right to
remedy any such default within a period of forty-five (45) days from the date that
the notice is mailed by registered or certified mail, retum receipt requested, to the
holder of the leasehold mortgage and the Lessee.
In every case where the holder of the leasehold mortgage elects to acquire
possession of the premises or to foreclose the leasehold mortgage, such holder
shall, pnor to the acquiring of possession or the foreclosing of the leasehold
mortgage, (i) give Lessor the right of first refusai to purchase and assume
Lessee's leasehold mortgage intere£st and obligation, or (ii) to provide a
purchaser for Lessee's leasehold mortgage interest and obligation, The Lessor
shall exercise the rights herein set out within one hundred twenty (120) days from
the date that the Lessor is notified by the holder of the leasehold mortgage that
these rights may be exercised.
In the event that this Lease agreement is terminated, Lessor may enter into a
new Lease of the premises with the holder of the leasehold mortgage, or its
designee, within thirty (30) days after receipt of such request, which new Lease
shall be effactive as of the date of such termination of this Lease and shall run for
the remainder of the same terms, covenants, conditions and agreements;
provided that the holder of the leasehold mortgage, or its designee (I)
contemporaneously with the delivery of such request, pay to Lessor ail the
installments of basic rent and all other items of additional rent which would have
been due from Lessee had the Lease not been terminated and (ii) allsums due
from the date of termination to the date ofthe execution of the new Lease.
11.03 Compliance with Laws: The Lessee shall comply with all laws and regulation of
the U.S. Govemment and the Govemment of the Virgin Islands including but not
limited
to:
zoning. Coastal
Zone
Management
(CZM),
building
codes,
environmentaland American Disabilities Act(ADA).
The Lessee shall obtain all licenses and permits required to use the property and
to do business in the Virgin Islands as are required.
11.04 Waiver
The Waiverby 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
K9*SOn PatrolSer4B|Inc.
Parcel No.180-1,Snbmarine Base,No.6 SouthsideQuarter,
St Tbomas,Viii^Islands
B^17ofl9
same or any otherterm, oondJtlon or covenant of this Lease. No delay oromisston
to exercise any right or power hereunder shall impair any right or power, everyilgtit
and remedy conferred under this Lease may be exeic^ed from time to t&ne aid as
often as may bedeemed expedtent by theholderofsuc^r^htorr^i^dy.
11.05 Enforcement of Lease Terms: The waiver by either party of any breach of any
term, condition orcovenant of this Lease, during the term of Lease, shall not t)e
deemed to be a waiver ofany subsequent breach ofthesame orany other tenm,
condition or covenant ofthis Lease. No delay or omission to exercise any right or
power nor shall be construed to be a waiver of any such right or power and every
r^ht and r^nedy conferred under thfe Lease may beexercised from tin^ and as
often as may bedeemed expedient bythe holderofsuch r^htorremedy.
IC9*S On Patrol Serviiirinc.
^
Parcel No.180-1,Submarine Base,No.6 SouthsideQuarter,
%ThomasiViri^Islands
^18^9
IN WITNESS WHEREOF, the parties herein have hereunto set their handsand seals of
the day and year first above written.
BY: •S.
Paris Nicholson IV
President
ATTEST:
Seciretary
ACKNOWLEDGMENT
Territory of the Virgin Islands
)
Districtof St Thomas &St. John) ss:
Before me per^najly appeared
J'j/ ^president of
6a/'
. to me well known to be the individual
described inand whoexecutecfthe foregoing instrument
WITNESS my hand on this
2005.
ztL
day of
Notary Publi
SHyRAM.RAYmNO
MYCmMISStON EXRRES^1/1S/Q9
NP-144-04
•••".
--r: " .
K9*S0d PatrolSer4PfInc.
ParcelNo.180-1, SnboiarineBase, Na 6 Soothside Qnarter,
% Thomas,VirginIslands
|tegel9of]9
GOVERNMENT OF THE VIRGIN ISLANDS
BY:
i^r
Comml^gneT'^^SIslty^nd Procureme^gJ^^^F^
Date:
Approved as to Legal Sufficiency
BY:
Attorney General
Approved:
Honorable Charles W. Tumbull
Governorofthe Virgin Islands
Approv
t of the Virgin
Lratelatu
WITNESSES
Date: /h/er-Sr-
. fA'
Date:
Date:
^
ASSIGNMENT OF LEASE BY LESSOR
WITH CONSENT OF LESSOR
(December 21, 2018)
ASSIGNMENT OF LEASE BY LESSOR WITH CONSENT OF LESSOR
This Assignment made this
day of December 2018, by and between K9's on Patrol
Service, Inc. ("Assignor") whose mailing address isP.O. Box 9216 Sub Base, St. Thomas, Virgin
Islands 00801, toParadisePaws VI, LLC ("Assignee") whose mailing address isP.O. Box 9216 St
Thomas,VirginIslands00801.
Forvalue received, Assignor assigns and transfers toAssignee that lease, ratified March 9,
2006, bytheVirgin Islands legislature, between Assignor asLessee and GOVERNMENT OF THE
VIRGIN ISLANDS, acting by and through its Commissioner of Property and Procurement, as
Lessor, thefollowing described premises.
Parcel No. 180-1 Submarine Base, No. 6 Southside Quarter, St. Thomas, Virgin Islands
consisting of49,317.7 U.S. square feet ofland more/less, together with all rights, title and interest
inand tothe lease and premises, subject toall conditions and terms contained inthe lease, tohave
and to hold from December 7^, 2018, until the present term and the lawfully exercised renewal
option terms ofthe lease. Acopy ofthe lease isattached hereto and made part hereofby reference.
Assignor covenants that it isthe lawful and sole owner ofthe interest assigned hereunder
for Parcel No. 180-1 Submarine Base, that this interest is free from all encumbrances, and that it
has performed all duties and obligations and made all payments required under the terms and
conditions ofthe lease.
Assignor and Assignee acknowledge, Assignor surrendered its leasehold interest in a
portion ofParcel No. 180-3 Submarine Base No. 6 Southside Quarter, St. Thomas Virgin Islands
consistingof62,808.1 U.S. sq. ft toLessorand which surrenderwas accepted byLessoronOctober
8,2013, and that no interest inParcel No. 180-3 isbeing assigned under this Assignment.
Assignee agrees to payall outstanding rent balances as of December 1^, 2018 under the
lease totaling Twenty-Nine Thousand Eight Hundred Fifty-Seven and 45/100 Dollars ($29,857.45)
and Sublease totaling Eight Thousand Two Hundred Ninety-Five and 00/100 Dollars ($8,295.00)
and to pay this outstanding amount Thirty-Eight Thousand One Hundred Fifly-Two and 45/100
Dollars ($38,152.45) inaccordance with the terms ofthe Agreement toPay, attached hereto and
made a part of this Assignment If Assignee fails to satisfy the provisions of this Paragraph,
Assignor willberesponsible forthepayment of alloutstanding rental sums.
Assignee agrees to pay allrents due, owing, and continuing after theeffective date ofthis
assignment, andtoassume and perform all duties and obligations required bythe terms ofthe lease.
Assignor:
Date:
Paris O. Nicholson, IV
President, K9's on Patrol Service, Inc.
Assignee:
Date:
Paris O. Nicholson, IV
President, Paradise Paws VI, LLC
Page 11
ACKNOWLEDGElvnr.NT
Territory ofthe Virgin Islands
)
District ofSt. Thomas, and St. John
) ss:
Before me personally appeared Paris 0. Nicholson, IV, well known, and known tobe the
individua](s) described in and who executed the foregoing instrument.
WITNESS my hand onthis
day
A.D. 201i8.
NOTAI41£ji™^,lic
Name:PieriharieShneof y—
My Commission Exp:__
/ -^
NPCommission #:
f-7
StThqmas/St. John,USVI District
CONSENT OF LESSOR
The Government ofthe Virgin Islands, acting by and through its Commissioner ofProperty and
Procurement, Lloyd T. Bough, Jr., Lessor named in the above assignment ofthat lease executed on
March 09, 2006, consent to that assignment. I also consent to the agreement and accept Paradise
PawsVI, LLCas Assignee.
Dated:i^.
,2018
Page 12
Government of the Virgin Islands,
acting by and through its Commissioner
of Property and Procurement, LloydT. Bough,Jr.