SMALL Enterprises says the lease agreement they signed with the American Samoa Government does not give the Department of Commerce Director “ authority to demand” their relocation. This was in a letter sent this week to the DOC Director Keniseli Lafaele, from SMALL Enterprises attorney, Tasi Tuiteleleapaga.

As first reported by Samoa News earlier this week, ASG has given the three Airport taxi stands notice that by Wednesday June 4, 2014, they should relocate to the old government gas station area. This is according to Department of Commerce Director, Keniseli Lafaele in response to Samoa News queries.

The current location for the three taxi stands has been leased to SMALL Enterprises, a company Samoa News originally reported as owned by Liupua Andrew Sunia and his uncle Soli Fesuia’i Amani Sr.

However, Liupua has since told Samoa News he is no longer associated with the company. He is a law clerk with the Attorney General’s office, and handles most of the lease agreements for the American Samoa Government.

In the letter to DOC, SMALL enterprises points out that they entered into a contract with ASG on January 1, 2013. This lease agreement represents a binding contract between SMALL enterprises and ASG inclusive of covenants, duties and obligations, which run to SMALL Enterprises as Lessee.

Firstly, with the development of the road/sidewalk and fiber cable infrastructure that is going on along the Airport Road and with the Michel’s Company, there are no other ASG lessees, or even businesses for that matter that are being made to relocate temporarily.

“Quite to contrary, it appears that every accommodation is being made for all business and leases along the roadside in providing temporary access to their lots located in these areas.

“It is peculiar and most importantly unfair that you would demand SMALL Enterprises’s relocation as well as their subtenants without so much as reasonable notice and at the least, a discussion with the current tenant.”

Tuiteleleapaga further pointed out that additionally, there is no provision contained in the lease, which authorizes the ASG to revoke the lease because of infrastructure improvements.

“Essentially, what you are directing, per your above referenced communication, that you will eventually find my client a permanent location. With due respect, my client already has a permanent location and the agreement that SMALL Enterprises signed with ASG gives the DOC Director no authority to demand our relocation, much less to demand an outright ouster from our leasehold premises.”

Tuiteleleapaga further states in his letter that his client is open to discussions about temporary access to their premises. “However in no event will SMALL Enterprises comply with your relocation directive as set forth in previous letter, without first, reasonable notice and adhering in order for SMALL Enterprises rights to be recognized, respected and heard.”

According to the letter, Tuiteleleapaga said his client will pursue every remedy available to him should this situation not be resolved to the satisfaction of all parties involved.

The SMALL Enterprises lease is for nine years, 11 months and 29 days, commencing on Jan. 01, 2013 and ending on Dec. 28, 2022.