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EFTA00621082

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LAW OFFICE OF ARNOLD J. CESTARI, JR. P.O. BOX 821 hTTAPOISETT, NA 02719 Arnold J.Canaar. Auomark Gould May 1, 2014 VIA EMAIL ONLY: LSJE, LLC 6100 Red Hook Quarters Suite 3B St. Thomas, VI 00802-1348 RE: Salvor. Sea Tow Virgin Islands Yacht: LITTLE C Date of Service: April 25 & 26, 2014 Claim for Salvage Assistance Dear Mr. Vicars: Telephone: Facaimile: e-mail This office serves as Sea Tow US Virgin Islands' salvage claims administrator and with this letter submits Sea Tow's claim for marine salvage of the Pro Sport 3660 LITTLE C(the "Yacht.") As you will recall, on April 25, 2014, the Yacht ran aground on the rocks at Great St. James Island, was holed and needed pulling power to get off ground. Sea Tow responded to the scene and pulled the Yacht off the rocks, plugged the hole to slow the ingress of water then provided a pump and 4,000- lb. air lift bag to ensure she made it to the ramp afloat for haul out. Under the circumstances, the service provided by Sea Tow falls within the classification of no cure-no pay pure salvage. To be entitled to a pure salvage award, the salvors must prove three elements: that the Yacht was in peril and needed assistance; that the salvors came to her aid voluntarily, and that the salvors' service saved the Yacht in whole or in part. All three elements were present here. Therefore, the salvors are entitled to salvage compensation. Compensation for pure salvage is dependent upon the facts of each particular incident. Unlike towage, salvage is not based on time and material charges. Rather, it is governed by federal maritime law and since 1869 the well-settled law outlines six factors used in the calculation of a salvage award.'/ Those factors are listed in descending order of importance as follows: the degree of danger from which the ship was rescued; the post casualty value of the property saved; the risk incurred in saving the property from impending peril; the promptitude, skill and energy displayed

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