Club Pigeon Point offers to help THA

ROBINSON CRUSOE Ltd/Club Pigeon Point management, acting on behalf of property owners Ansa McAl, has offered to assist the Tobago House of Assembly (THA) in securing medium term loan financing at special interest rates for the establishment/maintenance of a fishing facility at Pigeon Point. They are also proposing to provide one acre of beach front property on the north-eastern boundary of the estate for this purpose. Further, RCL has said it will also provide financial assistance for the restoration/rehabilitation of the existing Bon Accord road leading to the proposed fishing complex. The offers are contained in a Memorandum of Understanding (MOU) prepared by Pigeon Point management and forwarded to the THA for agreement. The THA has not signed the document and THA Chief Secretary Orville London claimed that after two years of talks among all the parties concerned, Pigeon Point management cast aside the set of proposals agreed upon and came up with its own MOU and proposals. Following is the full text of the MOU document:

“This Memorandum of Understanding (MOU) is made this .......... day of ........ 2003 between Robinson Crusoe Limited with its registered office situate at 60 Independence Square, Port-of-Spain (hereinafter called ‘RCL’) and the Tobago House of Assembly, a body corporate established by and under the Tobago House of Assembly Act, with its offices at Jerningham Street, Scarborough, Tobago (hereinafter called ‘THA’). RCL and the THA have had discussions on accelerating a settlement of all disputes, controversies and claims with regard to Pigeon Point. RCL and the THA agree that they have a mutual interest in creating an environment where all sectors and interests at Pigeon Point can co-exist and in that regard have agreed as follows:

1  ACCESS TO THE PIGEON POINT BEACH:

(1) RCL will provide unhindered pedestrian access to and egress from the Pigeon Point beach by allowing the use of a strip of land approximately 6 to 10 feet wide above the high water mark along the western coastline of the Pigeon Point Estate between the Swallows (beach south of Pigeon Point) and the existing Dive Shop building. There will be no structures of any kind erected on the strip of land.

(11) RCL will allow persons currently listed as bona fide fisherfolk and marine operators free access along the paved roadway running through the Pigeon Point Estate for a period of three years from the date hereof.

2  FISHING FACILITIES:

(1) RCL will give to the THA a 99-year lease of one acre of beachfront land situate at the north eastern boundary of the Pigeon Point Estate and lands owned by the Mt Pleasant Credit Union for the development of a Fishing complex.

(11) Once the fishing complex has been established, the parties agree that it will be maintained to an international standard and managed exclusively by the THA.

(111) If requested by the THA, RCL will assist the THA in obtaining a medium term loan at special interest rates for this purpose.

3 ACCOMMODATION FOR BONA FIDE FISHERFOLK:

(1) It is envisioned that RCL will continue to facilitate the existing operations at Wind Hole with special passes for vehicular traffic to and from Wind Hole for a period of three years, by which time the fishing complex would have been completed.

(11) RCL will provide financial assistance in the restoration and rehabilitation of the existing Bon Accord road leading to the fishing complex.

4 OCCUPATION OF LAND BY SQUATTERS AT THE ENTRANCE TO CLUB PIGEON POINT:

(1) RCL agrees to rehabilitate the beachfront situate between the Conrado Hotel and the gated entrance to the Pigeon Point Estate exclusively for sea-bathing.

(11) The THA shall within 3 months from the date of this Memorandum relocate all persons and/or establishments at present situated at the entrance to the Pigeon Point Estate to the recently-constructed craft building facility. When this has been achieved RCL will instruct its attorneys to discontinue its ejectment actions against those persons.

5 JETTY:

Though RCL’s position in law regarding the ownership of the jetty differs from that of the THA, the parties however share a mutual interest and concern in the preservation of this national icon and are committed to continue to co-operatively resolve concerns raised in litigation between them. The parties have agreed as follows:

(1) The jetty will be managed rexclusively by RCL in consultation with the THA. Mutually agreed guidelines will be formulated to guide day-to-day operations of the jetty.

(11) The parties agree that the jetty cannot be effectively managed without the proper disposal of garbage and refuse and 24-hour supply of water, electricity and security.
In that regard the parties agree that RCL will continue to maintain all services in relation to the jetty.

RCL and the THA are committed to (complete) the tasks outlined in this Memorandum and will continue their discussions in good faith with a view to implementing this MOU”.