Deed No: 97. Today the twenty-ninth (29 th ) day of October two thousand and fourteen (2014) Before me Doctor of Laws, Marco Burlo, a Notary Public, have personally appeared after having ascertained their identity in terms of law, by virtue of the official documents mentioned hereunder: The Parties Of the one part Francis Cassar, company chairman, holder of identity card number 26862M, a son of Victor and Serafina nee Delia born in Paola on the 09 th December 1961 and residing at Marsaskala, together with Emanuel Ellul, company director, holder of identity card number 300037M, a son of the late Spiridione and Anna nee Galea, born in Tarxien on the 12 th April 1937 and residing at Marsaskala who appear on this deed in the name and on behalf of PETROMAL COMPANY LIMITED, a private limited liability company registered and incorporated under the Laws of Malta, bearing registration number letter C six five two eight eight (C 65288) having its registered office at 31 st March 1979 Installation, Sacred Heart Promenade, Birzebbugia, BBG 1604, Malta, as duly authorised by virtue of the Memorandum and Articles of Association of the said Company as well as by virtue of a resolution of the Board of Directors of the Company, a copy of which is annexed to this deed and marked document letter A ; hereinafter in this deed referred to as the Vendor. SALE & ASSIGNMENT ENROLLED ON: 11/11/2014 ENR: 20862 2014 Of the other part Kevin Chircop, a company director, holder of identity card number 29170M, a son of Carmelo and of Evelyn nee Cini, born in Cospicua on the 27 th November 1969 and residing at Siggiewi, together with Mario Zammit, a company director, holder of identity card number 26655M, a son of Publius and of Lorenza nee Caruana, born in Msida on the 29 th December 1954, and residing at Tarxien, who appear on this deed in the name and on behalf of ENEMED CO LTD, a private limited liability company registered and incorporated under the Laws of Malta, bearing registration number 1
letter C six six four zero four (C 66404) having its registered office at 31 st March 1979 Installation, Sacred Heart Promenade, Birzebbugia, BBG 1604, as duly authorised by virtue of the Memorandum and Articles of Association of the said Company as well as by virtue of a resolution of the Board of Directors of the Company, a copy of which is annexed to this deed and marked document letter B ; hereinafter in this deed referred to as the Purchaser. Definitions In this deed the following terms shall have the following meaning: Authority means the Authority for Transport in Malta, a body corporate, established by virtue of the Authority for Transport in Malta Act, Chapter four hundred and ninety nine (Chap 499) of the Laws of Malta, having its principal business address at Transport Malta Centre, Marsa; COL means the Commissioner of Land; Deed One means the public deed in the records of Notary Vincent Miceli of the thirtieth (30) day of April of the year two thousand and four (2004), Deed number sixty two [62]) as modified and amended by a deed dated twenty fifth (25 th ) August of the current year 2014, deed number eight (8), in the records of Notary Keith German; Deed Four means the public deed in the records of Notary Vincent Miceli of the twenty eighth (28 th ) April of the year two thousand and four (2004) Deed number sixty (60) as modified by a deed dated twenty fifth (25 th ) August of the current year 2014, deed number six (6), in the records of Notary Keith German; Deed Five means the public deed in the records of Notary Keith German of the twenty fifth (25 th ) August of the current year 2014, deed number nine (9); Deeds means Deed One, Deed Four, Deed Five; EMD means the Estate Management Department of the Government Property Division; 2
Enemalta plc means the public limited liability company registered and incorporated under the Laws of Malta and bearing registration number C 65836, having its principal business address at Triq Belt il-hazna, Marsa; Enemalta Contracts Order 2014 means the Enemalta Contracts (Removal of Restrictive Conditions) Order, 2014 made by the Minister of Energy and Health in exercise of the powers conferred by Article five letter b (5(b)) of the Act and published as Legal Notice number three hundred and two of the year two thousand and fourteen (L.N.302/2014); Government and GOM and GoM mean the Government of Malta; LD Plans means the plans prepared by the EMD and annexed to the Deeds; LRD means the department and/or registry set up by the Land Registration Act Chapter two hundred and ninety six (296) of the Laws of Malta, and includes any other registry or body which, from time to time, may take over some or all of the functions and responsibilities of the Land Registry; Petroleum Division Sites or PD Sites means the hereunder described buildings, lands, properties, sites, structures, improvements, subsoil rights, rights, servitudes, services and facilities, namely: - Land, Properties and Sites A1. The surface level complex at Has-Saptan, known as the Has- Saptan Complex Has-Saptan End, without official number, situated in the limits of Ghaxaq, accessible from a public unnamed road, measuring approximately five thousand two hundred and twenty square metres (5,220 sq.m), bounded on the North, West and East by property of the GOM, or successors in title, or more correct boundaries, and shown outlined in red on the plan indicated as Property Drawing number sixty five underscore two thousand and four underscore one (P.D.65_2004_1) (incorporating in it a Survey Sheet) annexed to Deed One as a document marked with the letter B. 3
A1.1 The site with all the structures built thereon, without official number, situated in Ghaxaq, measuring approximately four hundred and sixteen square meters (416 sq. m.), bounded on the North by property held by EC plc, by title of temporary emphytuesis, or its successors in title, East and South West by a road without name, or more correct boundaries, as shown outlined in red on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing Number two thousand and nine underscore six hundred sixty four (P.D. 2009_664) annexed as document letter A to Deed Five; A2. The terminal known as the Marsaxlokk Terminal or the Marsaxlokk Reclamation Area, without official number, situated in the limits of Marsaxlokk, accessible from an unnamed street, measuring approximately three thousand eight hundred and sixty nine square metres (3,869 m 2 ), bounded on the North-East and South-West by property of the GOM or successors in title and on the South, South-East and East by the sea, or more correct boundaries, and shown outlined in red on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore ten (P.D.65_2004_10) marked document K annexed to Deed One; A3.1 Purposely omitted; A3.2 Purposely omitted; A3.3 Purposely omitted; A3.4 Purposely omitted; A3.5. Purposely omitted; A4. The site known as Gudja Road - Tanker Filling Point and also known as Access Point - Escape Shaft unofficially numbered four (4), without official number, situated in the limits of Gudja, accessible from Triq Hal-Tarxien, measuring approximately one thousand two hundred and seventy square metres (1,270sq.m.), bounded on the South-East by Triq Hal-Tarxien and all other sides by property of the GOM, or its successors in title, or more correct boundaries, shown bordered in red on the plan [incorporating in it a Survey Sheet] indicated as Property Drawing number sixty five 4
underscore two thousand and four underscore six (P.D.65_2004_6) marked document G annexed to Deed One; A5. Purposely omitted A6. The Saint George Installation, without an official number, situated in the limits of Birzebbugia accessible from the Parking Area in Ghar Dalam Street leading to Birzebbugia measuring approximately one thousand eighty three square metres (1,083 sq.m) and is bounded on all sides by property of the GOM or successors in title and shown bordered in Red on a Plan [incorporating in it a Survey Sheet] indicated as Property Drawing number sixty five underscore two thousand and four underscore eighteen (P.D.65_2004_18) marked document S attached to Deed One; A7. Purposely omitted A8. Purposely omitted A9. Purposely omitted A10. Purposely omitted A11. Purposely omitted A12. Purposely omitted; A13. a plot of land situate at Has-Saptan in the limits of Ghaxaq, accessible from an unnamed country road leading to Ghaxaq, which land measures approximately twenty six thousand eight hundred and seventy two square metres (26, 872 sq.m.) bounded on the north partly by the said unnamed road and partly by property of the GOM or successors in title, on the east and south also by property of the GOM or successors in title or more accurate boundaries which land is shown bordered in red on a plan (incorporating in it a survey sheet) indicated as Property Drawing number one hundred and seven underscore two thousand and four (PD 107_2004) annexed to Deed Four as document letter X ; - Subsoil Rights 5
B1. The sub soil rights referred to in the Governor General s Proclamation dated thirty first day of December of the year one thousand nine hundred and fifty six (31/12/1956), a copy of which is annexed to the Deed One as a document marked BB (in this deed referred to as the Subsoil Rights ), assigned by the Government to EC plc by virtue of the Deed One as a condition of the emphyteutical concession of the properties granted on temporary emphyteusis by virtue of the herein mentioned Deed One; which Sub-Soil Rights the GOM or its predecessors in title utilised in order to construct the complex known as Has- Saptan/Corradino/Marsaxlokk Fuel Storage Complex, without official number, in the limits of Paola, Tarxien, Santa Lucia, Birzebbugia, Gudja, Ghaxaq and Marsaxlokk shown as an irregular (coiled) red line from the point marked X to the point marked Y on the Location Plan Property Drawing number sixty five underscore two thousand and four (PD 65_2004) marked Document A annexed to Deed One, which complex is bounded on all sides by property of the GOM or successors in title or more correct boundaries and comprises: i. the underground fuel storage facilities including tanks, tunnels and underground spaces as well as other ancillary works known as the Has-Saptan Underground Fuel Storage Complex, situated in the limits of Ghaxaq, without official number, accessible from three tunnel entrances which abut onto the surface of the surface level complex at Has-Saptan known as the Has-Saptan Complex Has- Saptan End described in paragraph A1. above and also linked to the Marsaxlokk Terminal described in paragraph A2. above and to the Corradino Fuel Storage Complex - Underground Tanks and Tunnels in Corradino in the limits of Paola, by means of the underground tunnels hereunder described in paragraph (ii), and shown drawn in orange on the plan Property Drawing number sixty five underscore two thousand and four underscore two (PD 65_2004_2) marked document C annexed to Deed One, and ii. the network of tunnels, pipelines, pump rooms, chambers, underground spaces and ancillary works which connect the Has- Saptan Underground Fuel Storage Complex (the Complex) to the Marsaxlokk Terminal on the South-East of the Complex and to the Corradino Fuel Storage Complex - Underground Tanks and Tunnels in Corradino in the limits of Paola to the North of the Complex, has a total length of approximately seven thousand one hundred and seventy metres (7,170m.) and extends along the route 6
shown drawn in green on the plans Property Drawing number sixty five underscore two thousand and four underscore nineteen (PD 65_2004_19), Property Drawing number sixty five underscore two thousand and four underscore twenty (PD 65_2004_20), Property Drawing number sixty five underscore two thousand and four underscore twenty one (PD 65_2004_21), Property Drawing number sixty five underscore two thousand and four underscore twenty two (PD 65_2004_22) and Property Drawing number sixty five underscore two thousand and four underscore twenty three (PD 65_2004_23) respectively marked as documents T, U, V, W and X annexed to Deed One. The plans annexed to Deed One, referred to hereabove in this section headed Subsoil Rights are indicative only and do not purport to show the whole extent of the Has- Saptan/Corradino/Marsaxlokk Fuel Storage Complex. These Subsoil Rights are attached to the aforesaid properties forming the subject matter of this deed and to other properties not forming the subject matter of this deed and being retained by the Vendor, and are subject to the applicable terms and conditions contained in the Deed One as modified and amended by virtue of the Enemalta Contracts Order 2014, for the duration of the emphyteutical grant granted by virtue of the Deed One and which Subsoil Rights may be assigned together with the aforesaid properties, in whole or in part, if and when the aforesaid properties, in whole or in part, are transferred or disposed in terms of Deed One, and the Enemalta Contracts Order 2014 and may be granted together with the aforesaid properties, in whole or in part, if and when the aforesaid properties, in whole or in part, are granted on lease or under management agreement or by way of concession or possession in terms of Deed One, and Enemalta Contracts Order 2014. For the avoidance of doubt and for the purposes of clarity these Subsoil Rights shall be enjoyed by the Purchaser and its successors in title and the Vendor and its successors in title, under all the applicable terms and conditions contained in the Deed One, for the duration of the emphyteutical grant granted by the said Deed One. - Shafts and Access Points 7
C1. The Access Point - Escape Shaft unofficially numbered one (1), without official number and unnamed, with a right of access through a field leased by the GOM to a certain Raymond Caruana, accessible from an unnamed lane situated in the limits of Birzebbugia, bounded on all sides by property of the GOM, or more correct boundaries, measuring approximately thirty one square metres (31m 2 ), shown bordered in red on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore three (P.D.65_2004_3) marked document D annexed to Deed One. C2. The Access Point - Escape Shaft unofficially numbered two (2), without official number and unnamed, situated in the limits of Birzebbugia, accessible from an unnamed country lane, measuring approximately twenty seven square metres (27 m 2 ), bounded on all sides by property of the GOM, or more correct boundaries, and shown bordered in red on the plan [incorporating in it a Survey Sheet] indicated as Property Drawing number sixty five underscore two thousand and four underscore four (P.D.65_2004_4) marked document E annexed to Deed One. C3. the Access Point - Escape Shaft unofficially numbered three (3), without official number and unnamed, situated in the limits of Ghaxaq, accessible from an unnamed road, measuring approximately eighteen square metres (18sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and is shown bordered in red on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore five (P.D.65_2004_5) marked document F annexed to Deed One and as document letter B annexed to Deed Five. C4. Purposely Omitted C5. The Access Point Escape Shaft unofficially numbered five (5), without official number and unnamed, situated in the limits of Paola, accessible from Triq Hal-Luqa, measuring approximately one hundred and forty three square metres (143sq.m.), bounded on the East by Triq Hal-Luqa, on the West by Triq it-tfief and on the North by property of the GOM or successors in title, or more correct boundaries, shown bordered in red on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five 8
underscore two thousand and four underscore seven (P.D.65_2004_7) marked document H annexed to Deed One; C6. The Access Point Escape Shaft unofficially numbered six (6), without official number and unnamed, situated in the limits of Paola (Corradino Industrial Estate), accessible from an open public space without a name, measuring approximately one hundred and seventy square metres (170sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore eight (P.D.65_2004_8) marked document I annexed to Deed One; C7. The Access Point - Escape Shaft unofficially numbered seven (7), without official number and unnamed, situated in the limits of Ghaxaq, accessible from an unnamed public road, measuring approximately one thousand and thirty two square metres (1,032sq.m.), bounded on the North-East by an unnamed public road and on all other sides by property of the GOM or successors in title, or more correct boundaries, shown bordered in red on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore nine (P.D.65_2004_9) marked document J annexed to Deed One; C8. The Access Point - Escape Shaft unofficially numbered fourteen (14), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola, accessible from an open space abutting on an internal road without a name in the Corradino Industrial Estate, measuring approximately nineteen square metres (19sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Escape Shaft 14 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C9. The Access Point - Escape Shaft unofficially numbered fifteen (15), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola, accessible from an open space abutting on an internal road without a name in 9
the Corradino Industrial Estate, measuring approximately one hundred and fifty eight square metres (158sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Escape Shaft 15 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C10. A Ventilation Shaft (Access Point Escape Shaft) unofficially numbered sixteen (16), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola accessible from an open public space abutting on an internal road without a name in the Corradino Industrial Estate, measuring approximately fourteen square metres (14sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Escape Shaft 16 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C11. An Access Point - Ventilation Shaft unofficially numbered one (1), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola accessible from an open public space abutting onto an internal road without a name in the Corradino Industrial Estate, measuring approximately thirty nine square metres (39sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Ventilation Shaft 1 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C12. A Ventilation Shaft (Access Point Ventilation Shaft) unofficially numbered two (2), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola accessible from an open public space abutting on an internal road without a name in the Corradino Industrial Estate, measuring approximately fourteen square metres (14sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked 10
Access Point Ventilation Shaft 2 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C13. A Ventilation Shaft (Access Point Venditlation Shaft) unofficially numbered three (3), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola accessible from an open public space abutting on an internal road without a name in the Corradino Industrial Estate, measuring approximately twenty one square metres (21sq.m.) bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Ventilation Shaft 3 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C14. An Access Point - Ventilation Shaft unofficially numbered four (4), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola accessible from an open public space abutting on an internal road without a name in the Corradino Industrial Estate, measuring approximately sixty seven square metres (67sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Ventilation Shaft 4 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C15. A Ventilation Shaft (Access Point Venditlation Shaft) unofficially numbered five (5), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola accessible from an open public space abutting on an internal road without a name in the Corradino Industrial Estate, measuring approximately ten square metres (10sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Ventilation Shaft 5 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; 11
C16. An Access Point - Ventilation Shaft, unofficially numbered six (6), without official number and unnamed, situated in the Corradino Industrial Estate in the limits of Casal Paola accessible through the Water Services Corporation Area within the Corradino Industrial Estate, measuring approximately one hundred and sixty two square metres (162sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Ventilation Shaft 6 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; C17. An Access Point (Access Point Vendtilation Shaft) unofficially numbered seven (7), without official number and unnamed, situated in Corradino in the limits of Casal Paola accessible from an open public space abutting on an internal road without a name in the Corradino Industrial Estate, measuring approximately fourteen square metres (14sq.m.), bounded on all sides by property of the GOM or successors in title, or more correct boundaries, and shown bordered in red and marked Access Point Ventilation Shaft 7 on the plan (incorporating in it a Survey Sheet) indicated as Property Drawing number sixty five underscore two thousand and four underscore thirteen (P.D.65_2004_13) marked document N annexed to Deed One; For the avoidance of doubt and for the purposes of clarity these Shafts and Access Points shall be enjoyed by the Purchaser and its successors in title and the Vendor and its successors in title, under all the applicable terms and conditions contained in the Deed One, for the duration of the emphyteutical grant granted by the said Deed One. - Servitudes, Rights, Foreshore, Quays and Sea The following rights and servitudes in part constituted by the GOM in favour of the emphyteuta on property pertaining to the GOM, in part assigned by the GOM to the emphyteuta and enjoyed by the GOM over properties of third parties, and in part constituted and/or granted by the GOM and the Authority over property owned 12
and/or administered by the GOM and/or the Authority; in all instances by virtue of Deed One and Deed Five, namely:- D1.a. The servitude constituted on a plot of land measuring approximately one thousand three hundred and thirty five square metres (1,335sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Ghaxaq and Birzebbugia, which servitude is shown marked with the letters V and W and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty four (P.D. 65_2004_24) annexed as document Y to Deed One; D1.b. The servitude constituted on a plot of land, measuring approximately one thousand six hundred and forty four square metres (1,644sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Ghaxaq, which servitude is shown marked with the letters U and T and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty four (P.D. 65_2004_24) annexed as document Y to Deed One; D1.c. The servitude constituted on a plot of land, measuring approximately three hundred and thirty nine square metres (339sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Birzebbugia and Ghaxaq, which servitude is shown marked with the letters S and RS4 and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty four (P.D. 65_2004_24) annexed as document Y to Deed One; D1.d. The servitude constituted on a plot of land measuring approximately fifteen square metres (15sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Birzebbugia, which servitude is shown marked with the letters RS1 and R and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty four (P.D. 65_2004_24) annexed as document Y to Deed One;. 13
D1.e. The servitude constituted on a plot of land measuring approximately one hundred and forty four square metres (144sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Birzebbugia, which servitude is shown marked with the letters Q and PQ5 and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One; D1.f. The servitude constituted on a plot of land measuring approximately one hundred and eighty eight square metres (188sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Birzebbugia, which servitude is shown marked with the letters PQ4 and PQ3 and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One; D1.g. The servitude constituted on a plot of land measuring approximately three hundred and fifty one square metres (351sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Birzebbugia, which servitude is shown marked with the letters PQ1 and P and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One; D1.h. The servitude constituted on a plot of land measuring approximately five thousand three hundred and thirty six square metres (5,336sq.m.) and bounded on all sides by property of the GOM or successors in title, or more correct boundaries, situated in the limits of Birzebbugia, which servitude is shown marked with the letters P and O and shown in yellow on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One; D2.a. The servitude covering an area of approximately five hundred and fifty eight square metres (558sq.m.) and bounded on the East and on the West by property of Saint Paul s Shipwreck 14
Church of Valletta or its successors in title and on the South by property of the GOM or successors in title, or more correct boundaries, constituted on the field in the limits of Birzebbugia known as Ta Ghar Dalam of a total area of twenty eight thousand one hundred and two decimal point five square metres (28,102.5sq.m.) and bounded on the North in part by Birzebbugia Main Road, in part by a country lane and in part by property of the GOM or successors in title, on the East by property of the Zammit brothers of Ghaxaq or successors in title, on the South by property of Doctor Louis Galea or successors in title and on the West by property of the GOM or successors in title, or more correct boundaries. The said servitude is shown marked with the letters RS4 and RS3 and coloured in red, whilst the field is shown bordered in green and marked number five (5), on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty four (P.D. 65_2004_24) annexed as document Y to Deed One; D2.b. The servitude covering an area of approximately five hundred and nineteen square metres (519sq.m.) in the limits of Birzebbugia, bounded on the East and West by property of Matteo Zammit or successors in title and on the South by property of the GOM or successors in title, or more correct boundaries, constituted over a plot of land of a total area of approximately four thousand four hundred and ninety six decimal point four square metres (4,496.4sq.m.) and bounded on the North by property of the GOM or successors in title, on the West by a private alley, on the South by property of Salvatore Caruana or successors in title and on the East by property of the Cachia Zammit family or successors in title or more correct boundaries. The said servitude is shown marked with the letters RS3 and RS2 and coloured in red, whilst the field is shown bordered in green and marked number four (4), on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty four (P.D. 65_2004_24) annexed as document Y to Deed One; D2.c. The servitude covering an area of approximately one hundred and eight square metres (108sq.m.) situated in the limits of Birzebbugia and bounded on the East and West by property of Salvatore Caruana or successors in title and on the South by a country lane, or more correct boundaries, constituted over the field known as Ta Wied Dalam, in the limits of Birzebbugia, which field has an area of approximately one thousand six hundred and eighty 15
six square metres (1,686sq.m.) and is bounded on the North by property of the heirs Zammit or successors in title, on the East by property of Alfred Cachia Zammit or successors in title and on the South and West by a lane, or more correct boundaries. The said servitude is shown marked with the letters RS2 and RS1 and coloured in red, whilst the field is shown bordered in green and marked number three (3), on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty four (P.D. 65_2004_24) annexed as document Y to Deed One; D2.d. The servitude covering an area of approximately one hundred and sixty five square metres (165sq.m.) in the limits of Birzebbugia and bounded on the North and on the West by property of Alexander Apap Bologna or successors in title and on the North-East by property of the GOM or successors in title, or more correct boundaries, constituted on the field known as Ta Wied Dalam, in the limits of Birzebbugia, which field has an area of approximately four thousand four hundred and ninety six decimal point four square metres (4,496.4sq.m.) and is bounded on the South by property of Doctor Louis Galea or successors in title, on the North by property of Paul Bellizzi or successors in title and on the East by property of the GOM or successors in title, or more correct boundaries. The said servitude is shown marked with the letters PQ5 and PQ4 and coloured in red, whilst the field is shown bordered in green and numbered two (2), on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One; D2.e. The servitude covering an area of approximately one hundred and eighty eight square metres (188sq.m.) in the limits of Birzebbugia, and bounded on the North-West and on the South-East by property of Carmela Spiteri or successors in title and on the South-West by property of the GOM or successors in title, or more correct boundaries, constituted on the field known as Ta Wied Dalam, in the limits of Birzebbugia, which field has an area of approximately three thousand three hundred and seventy two square metres (3,372sq.m.) and is bounded on the West and South- West by property of Giovanni Caruana or successors in title and on the South-East by property of the Busuttil brothers or successors in title, or more correct boundaries. The said servitude is shown marked PQ3 and PQ2 and coloured in red, whilst the field is 16
shown bordered in green and marked number one (1), on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One: D2.f. The servitude covering an area of approximately forty eight square metres (48sq.m.), situated in the limits of Birzebbugia, and bounded on the North-West by property of Carmela Spiteri or successors in title, on the South-East and on the North-East by property of the GOM or successors in title, or more correct boundaries, constituted on a piece of land of the same area and having the same boundaries, which servitude and portion of land are together shown coloured in red and marked with the letters PQ2 and PQ1 on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One; D3.a. The twelve (12) inch sullage pipeline (presently not in use) which emerges from the end of the Has- Saptan tunnel at the Marsaxlokk end and leads underground along the shoreline to the `Marsaxlokk terminal`, approximately thirty nine metres (39m) in length, bounded on the East and South-East by the sea and on all sides by property of the GOM, or its successors in title or more correct boundaries, and is shown in red marked with letters A and A1 on Plan Property Drawing Number two thousand and nine underscore six hundred sixty eight (P.D. 2009_668), annexed to Deed Five and marked as document letter D ; D3.b. The one hundred fifty metre (150m) long tunnel known as the Spur Tunnel, which tunnel was originally meant to serve as an emergency exit point for the pipelines in the Has-Saptan tunnels, which leads from inside the tunnel complex (from the point shown as point B1 on the hereunder mentioned plan) and emerges from the cliff face (up to the point shown as point B on the hereunder mentioned plan) below the San Lucjan Tower in Marsaxlokk, bounded on the South by the sea and on all other sides by property of the GOM or its successors in title or more correct boundaries as shown in blue marked with letters B1 and B on plan bearing Property Drawing Number two thousand and nine underscore six hundred sixty eight (P.D. 2009_668), annexed to Deed Five as document letter E ; 17
D3.c. Two underground tunnels in Paola, excluding the surface areas, one measuring approximately forty four metres (44m) in length and the other one measuring approximately fifty five meters (55m) in length, both bounded by all sides by property of the GOM and both marked in red, numbered one (1) and two (2) respectively, on plan bearing Property Drawing Number sixty five underscore two thousand four underscore twenty letter A (P.D. 65_2004_20A), annexed to Deed Five and marked as Document F. The GOM has unlimited access from the point of entrance to Gate B leading to the Ex-underground Power Station, which points are illustrated on the above mentioned plan. D3.d. (For the purposes of this sub paragraph:- Luqa Airport Aviation Fuel Storage Bulk 1 means the site with all the structures built thereon, without official number, situated alongside the apron of the Malta International Airport at Luqa, accessible from the said apron, measuring approximately nine thousand nine hundred ninety five square metres (9995 sq.m.), which measurement includes the road area, bounded on the North West by an unnamed road, South and West by property of the Government of Malta or of its successors in title, or more correct boundaries. Luqa Aviation Fuel Storage Bulk 2 means the site with all the structures built thereon, without official number, situated alongside the apron of the Malta International Airport at Luqa, accessible from the said apron, measuring approximately three thousand three hundred seventeen square meters (3317 sq.m.), bounded on the south west by an unnamed road, North East and West by property of the Government of Malta or its successors in title, or more correct boundaries;) The fuel pipeline consisting of an underground and surface pipeline, known as the Jet A1 Pipeline situated in the limits of Ghaxaq and Luqa which extends underground from the Has-Saptan Installation as indicated on Plan Property Drawing Number sixty five underscore two thousand four underscore one (P.D. 65_2004_1) on Document B attached to a deed in the records of Notary Vincent Miceli dated thirtieth (30th) day of April of the year two thousand four (2004), under the runways and aprons at the Malta International Airport, up to the Luqa Aviation Fuel Storage Bulk 2 and continues to the Luqa Aviation Fuel Storage Bulk 1, which pipeline is approximately five thousand and seven metres (5,007m) 18
long, is bounded on all sides by property of the GOM, or successors in title or more correct boundaries, and extends along the route shown drawn in blue with regards to the underground pipeline and route shown in red with regards to the surface pipeline, on Plan Property Drawing number two thousand and nine underscore six hundred sixty six (P.D. 2009_666) annexed to Deed Five as document letter C ; For the avoidance of doubt and for the purposes of clarity, Luqa Airport Aviation Fuel Storage Bulk 1 and Luqa Aviation Fuel Storage Bulk 2 are not being sold and transferred to the Purchaser. D3.e The underground pipelines in the area known as Ras Hanzir in Paola, one measuring approximately eighty seven metres (87m) in length, and marked in blue from Point B to Point B1 and the other measuring approximately thirty three metres (33m) in length and marked in blue from Point B1 to Point B2 both bounded by all sides by property of the GOM or successors in title or more correct boundaries and both shown in blue with the said markings and points on a plan bearing Property Drawing Number two thousand and nine underscore six hundred and seventy underscore letter A (P.D. 2009_670_A), annexed to Deed Five as document letter G ; E1. The right of use (subject to the conditions stipulated in Deed One) of the site known as the Ras Hanzir Dolphin, without official number, including quays, consisting of a dolphin and jetty facility without a name and without an official number at Ras Hanzir situated in the limits of Paola and accessible from Il-Moll Tal- Faham, measuring approximately one thousand eight hundred and seventy nine square metres (1,879sq.m.), bounded on the North- West by the sea, and on the North-East and on the North by property of the GOM or successors in title, or more correct boundaries, and shown outlined marked number three (3) and bordered in red on the plan (incorporating in it a survey sheet) indicated as Property Drawing number sixty Five underscore two thousand and four underscore eleven (PD 65_2004_11) annexed to Deed One as document letter L ; E2. The servitude consisting of the laying of pipes situated on the foreshore and in and /or on the sea bed having a total length of 19
approximately five hundred and forty metres (540m), situated in the limits of Marsaxlokk and Birzebbugia, bounded on all sides by the sea and shown in light blue colour and marked with the letters Y and Z on the plan Property Drawing number sixty five underscore two thousand and four underscore nineteen (PD 65_2004_19) annexed to Deed One as document letter T ; as well as the structure or dolphin known as the Marsaxlokk Dolphin situated in the sea at the end of the above mentioned pipeline bounded on all sides by the sea; E3. The servitude consisting of the laying of pipes and the quay dolphin having a total length of approximately one hundred and ninety metres (190m) laid over an existing pier situated in the limits of Birzebbugia and bounded the said pier on the North by the foreshore and on all other sides by the sea, or more correct boundaries as shown drawn in violet and marked with the letters O and N on the plan Property Drawing sixty five underscore two thousand and four underscore sixteen (PD 65_2004_16) marked document Q annexed to Title Deed One. The said pier has an approximate area of six hundred and ninety square metres (690sq.m.) and is shown coloured in yellow and marked with the letters O and N on the plan indicated as Property Drawing sixty five underscore two thousand and four underscore twenty five (P.D. 65_2004_25) annexed as document Z to Deed One; E4. The underground pipeline in the area known as Ras Hanzir in Paola, without official number, measuring approximately seventy two metres (72m) in length, bounded by all sides by property of the GOM or successors in title or more correct boundaries and marked in blue from Point A to Point A2 on plan bearing Property Drawing Number two thousand and nine underscore six hundred and seventy underscore A (P.D. 2009_670_A), annexed to Deed Five as document letter G ; together with the underground pipeline in the area known as Ras Hanzir in Paola, without an official number measuring approximately one hundred twenty six metres (126m) in length, bounded by all sides by property of the GOM or successors in title, or more correct boundaries and marked in blue from Point A to Point A3 on plan bearing Property Drawing Number two thousand and nine underscore six hundred and seventy underscore A (P.D. 2009_670_A), annexed to Deed Five as document letter G ; as well as the underground pipeline at Ras Hanzir limits of Paola, without official number, measuring approximately two hundred ninety two metres (292m), bounded on all sides by property of the 20
GOM or successors in title or more correct boundaries indicated in blue as point A to point A1 shown on Plan Property Drawing number two thousand and nine underscore six hundred and seventy underscore A (P.D. 2009_670_A), annexed to Deed Five as document letter G ; E5. The underground pipeline at Ras Hanzir limits of Paola, without official number, measuring approximately three hundred ninety five metres long (395m), bounded on all sides by property of GOM or successors in title or more correct boundaries indicated in blue as points C to points C1 and C2 shown on Plan Property Drawing number two thousand and nine underscore six hundred and seventy underscore A (P.D. 2009_670_A), attached to Deed Five as document letter G These servitudes and rights are attached to the aforesaid properties forming the subject matter of this deed and to other properties not forming the subject matter of this deed and being retained by the Vendor, and are subject to the applicable terms and conditions contained in the Deed One and Deed Five as modified and amended by virtue of the Enemalta Contracts Order 2014, for the duration of the emphyteutical grant granted by virtue of the Deed One and Deed Five and may be assigned together with the aforesaid properties, in whole or in part, if and when the aforesaid properties, in whole or in part, are transferred or disposed in terms of Deed One and Deed Five, and the Enemalta Contracts Order 2014 and may be granted together with the aforesaid properties, in whole or in part, if and when the aforesaid properties, in whole or in part, are granted on lease or under management agreement or by way of concession or possession in terms of Deed One and Deed Five, and Enemalta Contracts Order 2014. For the avoidance of doubt and for the purposes of clarity these Servitudes and Rights shall be enjoyed by the Purchaser and its successors in title and the Vendor and its successors in title, under all the applicable terms and conditions contained in the Deed One, for the duration of the emphyteutical grant granted by the said Deed One. 21
Purchaser means the above mentioned and described ENEMED CO LTD; Vendor means the abovementioned and described PETROMAL COMPANY LIMITED; Preamble i. the Vendor and the Purchaser have agreed that the Vendor transfers and assigns unto the Purchaser which shall acquire the immovables, servitudes and rights mentioned and described above, for the price and under the terms and conditions stipulated later on, in this deed; ii. the Vendor has requested and obtained the consent of the Government for the sale, assignment and transfer of the immovable servitudes and rights being made by virtue of this deed, a copy of the letter of consent is being annexed to this deed and marked document letter C iii. the Vendor has requested and obtained the consent of the Authority for the assignment and transfer of the immovables, servitudes and rights being made by virtue of this deed, a copy of the letter of consent is being annexed to this deed and marked document letter D Now therefore by virtue of this deed: (a) the Vendor is selling and transferring unto the Purchaser which accepts, purchasers and acquires:- - the temporary dominium utile for the period remaining from sixty five (65) years reckoned from the thirtieth (30 th ) April of the year two thousand and four (2004) of the properties described as items A1, A1.1, A2, A4, A6, C1, C2, C3, C5, C6, C7, C8, C9, C10, C11, C12, C13, C14, C15, C16, C17 in the definition of Petroleum Division Sites, which properties as subject to their proportionate share of the annual, temporary and revisable groundrent resulting from and imposed by Deed One and in the case of the property 22
described under paragraph C3 resulting from and imposed by Deed One and Deed Five and in the case of the property described under paragraph A1.1 resulting from and imposed by Deed Five, which groundrent is revisable upwards every fifth (5 th ) year of the emphyteutical grants by fifteen per cent (15%) on the groundrent payable annually in each year in the immediately preceding five (5) year term, the next revision to take place on the thirtieth (30 th ) day of April of the year two thousand and nineteen (2019), and as subject to the terms and conditions contained in Title Deed One and Title Deed Five as modified by virtue of the Enemalta Contracts Order 2014 and together with all their rights and appurtenances including, but not limited to, the Subsoil Rights, Servitudes and other rights described under the heading Subsoil Rights and the heading Sevitudes, Rights, Foreshore, Quays and Sea, assigned hereunder; - the temporary dominium utile for the period remaining from sixty five (65) years reckoned from the twenty eighth (28 th ) April of the year two thousand and four (2004) of the property/site described as item A13 in the definition of Petroleum Division Sites, as subject to the annual, temporary and revisable groundrent resulting from and imposed by Deed Four which groundrent is revisable upwards every fifth (5 th ) year of the emphyteutical grant by fifteen per cent (15%) on the groundrent payable annually in each year in the immediately preceding five (5) year term, the next revision to take place on the twenty sixth (26 th ) day of April of the year two thousand and nineteen (2019) and as subject to the terms and conditions contained in Deed Four as modified by virtue of the Enemalta Contracts Order and together with all its rights and appurtenances; (b) the Vendor is transferring and assigning unto the Purchaser which accepts and acquires, the subsoil rights, servitudes and other rights described under the heading Subsoil Rights and the heading Servitudes, Rights, Foreshore, Quays and Sea, above, under paragraphs B1., D1.a, D1.b, D1.c, D1.d, D1.e, D1.f, D1.g, D1.h, D2.a, D2.b, D2.c, D2.d, D2.e, D2.f, D3.a, D3.b, D3.c, D3.d, D3.e, E1, E2, E3, E4, E5, which rights are attached to the above mentioned properties forming the subject matter of this deed and other properties not forming part of the subject matter of this deed and being retained by the Vendor, which servitudes and rights shall be enjoyed by the Purchaser and its successors in title and by the Vendor and its 23