CONFIDENTi;X
at-
Lease to the United States of America by Hi3 Majesty's
Government in the United Kingdom of certain areas of
land and water in Newfoundland.
His Majesty's Government in the United Kingdom, being desirous at
this time to execute in part the declarations made on its behalf by
his Excellency The Right Honorable The Marquess of Lothian, C.H.,
British Ambassador Extraordinary and Plenipotentiary, in his communi-
cation of September 2, 1940, to the Government of the United States of
America, a copy of which is hereto appended and made a part hereof, do
by these presents to that end, make and execute the following:
His Majesty's Government hereby lease to the United States of Amer-
ica for the period of ninety-nine years from the date on which posses-
sion thereof shall be formally transferred the following areas of land
and water situated in Newfoundland:
(1) Beginning at the intersection of the shoreline north-
west of Placentia with latitude 47° 16' N., thence
due east approximately 7300 feet to longitude 53° 58'
18n W.; thence in a northeasterly direction approxi-
mately 8200 feet to latitude 47° 17' 15" N., longi-
tude 53° 57' 25" W.; thence in a northwesterly direc-
tion approximately 4200 feet to the intersection of
the shoreline with longitude 53° 57' 58" W.; thence
along the shoreline to the point of beginning, includ-
ing therein the Peninsula of Argentia lying between
Little Placentia Harbor and Placentia Bay, the entire
site containing approximately 2610 acres: there is re-
served from the foregoing all those areas, contained
within a right-of-way of the Newfoundland Railroad
Company, its wharf, property and station at Argentia,
as may be determined by the United States to be essen-
tial to the operation of said railroad,   (see enclos-
ure (A))«
(2) Referring to the map of St. John's, by W.P. Ryan, City
Engineer, dated 1932, and beginning at a point on the
south side of the harbor, forty feet   outboard of the
face of the Baine Johnson wharf, on the extension of
the Baine Johnson - Bowring Brother's joint property
line, proceed approximately 1250 feet in a southwest-
erly direct line toward the end of the Monroe Export
Company pier, to the Monroe Export Company - A.E. Hick-
man joint property line; thence 800 feet in a south-
easterly direction along the extension of said properly
line; thence approximately U50 feet in a northeast- (j
erly direction parallel to the north boundary of the
area to an intersection with the extension of the
Baine Johnson - Bowring Brother's joint property line;
thence approximately 800 feet in a northwesterly di-
rection along said property line to the point of be-
ginning, the entire site containing approximately 22
acres; there is reserved from the foregoing all that
area contained within a right-of-way of the South
Side Road as may be determined by the United States
to be essential to the operation of the said road,
(see enclosure (B)).
(3)   Beginning at the intersection of The Boulevarde, a-
long the northwest shore of Quidi Vidi Lake, with the
road approximately perpendicular thereto at the Rose
residence (marked Grove Farm Road on enclosure (C));
thence approximately 600 yards northwest along the
road and its extension; thence generally north on an
irregular line along, but not including, the south-
east edge of the golf course; thence generally north
to the junction of the Thite Hills Roads; thence south-
east along the northernmost of these roads to The Bou-
levarde; thence generally southwest to point of begin-
ning; and an area about 300 feet vd.de connecting the
foregoing area and the shoreline of Quidi Vidi Lake,
the entire site containing approximately 160 acres,
(see enclosure (C)).
(4-)   An area, suitable for development as an intermediate
landing field, for aircraft, located in the general vi-
cinity of St. Georges.
(5)   The exact metes and bounds of the above described areas
shall be established by survey.
The grant of the foregoing areas of land and water shall include the
following:
(a) The right, power, and authority to use, fill, and occupy the waters ad-
jacent to said areas and to improve and deepen the entrances thereto and the
anchorages thereof and generally to do any end all things necessary to fit
the premises for use as naval and air bases.
(b) Exclusive rights, power, authority, and control within the aforesaid
areas and within the territorial waters and air spaces adjacent to or in the
vicinity of said areas except as hereinafter otherwise provided.
(c) The right, power, and authority   o assume military control and conduct
military operations within any part of Newfoundland and surrounding waters
and air space to the extent which may become necessary or convenient for the
protection of the property, instrumentalities, and activities of the United
States of America or otherwise to safeguard its national interests, and to in-
sure the adequate defense of the Newfoundland Airport and of St. John's.
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(d) The right, power, and authority to control the anchorage, moorings,
movements, communications, and operations of whatever character of all
ships, vessels, or other watercraft within the limits of the areas leas-
ed at Argentia and the territorial waters adjacent to or in the vicinity
of such areas, to such extent as may be found necessary or convenient in
the use, control, and defense of such areas.
(e) The right, power, and authority to control the movements, communica-
tions, and operations of its own public ships, vessels, and floating
equipment to, from and at its docks, quays, piers and wharves in St.
John's Harbor.
(f) The right, power, and authority to control the anchorage, moorings,
takeoffs, flights, landings, movements, and operation of all aircraft
within the limits of the areas leased, end within the territorial waters
and air spaces adjacent to or in the vicinity of such areas, to such ex-
tent as may be found necessary or convenient in the use, control, and
defense of such areas.
(g) The right, power, and authority to regulate and control all external
and internal communications of whatever nature from, to, and within the
areas leased.
(h) The right, power, and authority to employ and use all commercial or
public utilities, services, and facilities, all roads, highways, bridges,
viaducts, and similar channels of transportation to the same extent and
under the same conditions as His Uajesty's Government.
(i) The right, power, and authority to install, maintain, and operate at
such sites as may be necessary or convenient, armament, underwater de-
fenses, including mines, nets, booms, sound detection, and other similar
devices; control stations ashore, beacons, dispensary and first aid sta-
tions, lights, warning or detecting devices, and military police, to such
extent as may be found necessary or convenient in the use, control, end
protection of the areas leased.
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(j) The right, power, and authority to acquire by supplementary lease
from His Majesty's Government for the unexpired period of this lease,
without consideration other than just compensation to private owners if
any, additional areas, sites, locations, and rights of way for auxili-
ary air base facilities, gun emplacements, explosive storage, roads,
causeways, bridges, powerlines, watermains, sewers and similar facili-
ties to such extent as may be found necessary or convenient for the es-
tablishment, maintenance, use and protection of naval and air bases In
the aforesaid leased areas*
(k) The right, power, and authority to use all public lands, areas,
sites, air fields, forts, docks, piers, quays, berths, ships, repair fa-
cilities, arsenals, magazines, and hospitals to the extent which may be-
come necessary or convenient for the protection of the property, instru-
mentalities, end activities of the United States, or otherwise to safe-
guard its national interests without compensation other than reimburse-
ment of any additional cost directly resulting from such use.
(1) The privilege of importing free from all dues, imposts, excises,
tolls, customs, levies, or as essments of any nature whatever, all ships,
boats, aircraft, areas, machinery, supplies, materials, equipment, cloth-
ing, household furnishings, provisions, goods, wares, merchandise and
articles similar to the aforesaid, consigned to or destined for any acti-
vity of the United States of America, its military, naval, or civil per-
sonnel, contractors, and the dependents of all the foregoing residing in
Newfoundland, subject to the condition that articles so imported shall
not be further sold or transferred to other interests in Newfoundland,
(m) The right, power, and authority to admit into Newfoundland, free from
any restrictions whatever during their tour of duty or employment, mili-
tary and naval personnel of the United States of America, its employees,
its contractors performing contracts for it locally, and the dependents
of all the foregoing.
(n) The right, power, and authority to remove all improvements placed upon
the leased areas at any time before the expiration or termination of this
lease or of any renewal thereof or within a reasonable time thereafter.
The United States of America shall be under no obligation to improve
the leased areas in whole or in part for use as naval or air bases, nor
to exercise any rigit, power, or authority herein granted; and if it shall
make such improvements or exercise any such right, power, or authority it
shall nevertheless have the privilege of abandoning any part or all of the
foregoing at any time without consent of His Majesty's Government and
without incurring any obligation by reason of such abandonment.
The United States of America shall be under no obligation or responsi-
bility under the terms of this lease for the civil administration or de-
fense of Newfoundland or any part thereof, or for the maintenance of mili-
tary or naval forces within or without the leased areas.
Crimes and misdemeanors committed within the leased areas during the
occupation and use thereof by the United States of America shall be pun-
ishable either by the United States or the colonial authorities in accord-
ance with their respective laws, dependent upon which shall first acquire
jurisdiction of the person of the offender; except that either government
may on request deliver the offender to the other for trial; that in all
cases the colonial government shall bring to trial all offenders turned
over to it by the United States upon request of the colonial authorities
or otherwise, and that all offenders in the service of the United States,
civil or military, shall on demand be apprehended and delivered to the gov-
ernment of the United States for trial whether or not the offense with
which charged was committed within or without the leased areas: Provided,
that the colonial authorities shall not arrest any person or serve any
process, civil or criminal, within the leased areas except upon application
previously made to the commanding officer and approved by him: Provided
further, that colonial laws of a regulatory nature, or which may otherwise
interfere with the use of the leased premises by the United States, shall
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not be regarded as applicable within such areas.
If the United States of America shall decide to improve the leased
areas in whole or in part for use as naval or air bases, then in that
event the harbor and anchorage areas and landing fields of the entire
Island of Newfoundland shall be available for joint use by the forces
of both governments. The docks and other facilities of the United
States naval base at St. John's shall also be available for the use of
His Majesty's Government when and as conditions permit, the control
thereof nevertheless remaining unimpaired in the government of the
United States of America.
His Majesty's Government undertake to deliver possession of all
lands and facilities, including such as may be privately owned, within
the leased areas hereinbefore provided for, on such date as may be de-
termined upon by the United States of America;   Provided, that the
United States of America shall pay to His Majesty's Government such sum
or sums as may be mutually agreed upon to compensate the owners of pri-
vate property for loss by expropriation or damage arising out of the es-
tablishment of naval or air bases in the leased areas.
Reference herein made to "enclosure (A)," "enclosure (B)n, and "en-
closure (C)," shall be understood as meaning certain marked maps append-
ed to and made a part of this lease and entitled, respectively, "Placen-
tia and Ship Harbors and Adjacent Anchorages," "St. John's Harbor," and
"Plan Showing Roads in Vicinity of St. Johns".
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