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Statement on the Savoy properties Aug 18th 2023

Updated: Aug 21, 2023

Statement

On April 6th 2014 – Barbados Tourism Investment Inc (BTII) advertised one acre of beach front property for sale.

The tender instructions collected by Mr. Kinch from Barbados Tourism Investment Inc (BTII) described the lands to the sea.

Property Details:

Old Eye Ward (former Child Care Board)

Land Reference No. 80.09.07.013/0

Land Area: 1828.6 square metres (13,997 square feet)

Boundaries: To the north on a public access 5 metres wide; on a pavement along Highway ;on a public drain 1.4 metres wide and on other lands of the Barbados Tourism Investment Inc.

The property consists of a parcel of land together with two stone buildings, situated at Bay Street, St. Michael. The ,

building is a listed building with special historical interest.


Savoy

Land Reference No. : 80.09.07.011/4

Land Area: 1260.19 square metres (13,565 square feet)

Boundaries: To the north on a property fonnerly known as the Odd Fellows Hall; along a pavement which adjoins Highway 7; on lands of the Barbados Tourism Investment Inc. and on the west by the sea.

Open Window & Jetty

Land Reference No. : 80.09.07.012/2


Land Area: 2470.2 square metres (19,3 I 9 square feet)

Boundaries: To the north, on the property known as the Savoy; on a pavement along Highway 7; on public access 5 metres wide and on the sea.


Barbados Tourism Investment Inc (BTII) advertises itself as a critical conduit to guide your Barbados Investment experience by providing details on all relevant private sector and government agencies to help you better your time and resources. It states its Vision is to be the lead agency facilitating investment in tourism and urban regeneration in Barbados.

In the tender document BTII provided it “Expressions of interest should include a proposal for usage and/or the offer price for the properties. The purpose for which the development will be used will be a consideration. (Tourism related development would be preferred).”

Mr. Kinch submitted plans for a 350 room condo/hotel to be built on the seaward side of the Old Eye Ward with a setback of over 100ft from high water.

On April 25th 2014 Mr. Kinch made his offer

On October 1st 2015 BTII presented Mr .Kinch with an acceptance letter stating

The Barbados Tourism Investment Inc. has reviewed your proposal and the accompanying development concept which you have envisaged for these properties. We believe that your plan, should it come to fruition, would enhance the tourism product offering in the Bay street corridor which form a part of "Historic Bridgetown and its Garrison" which has been designated world heritage status.

On December 14th 2015 Mr. Kinch paid his deposit

On May 4th 2017 the agreement was recorded. I have taken two excerpts of relevance out of the document but will make the whole document available.

3 (b) The sale and purchase of the property is conditional on:

( 1) The Vendor in collaboration with the Developer over the next ten ( 10) months obtaining Planning Permission so that the property can be developed to its maximum potential up to a 351 room 10 storey hotel, the rebuilding of the former jetty to the sea to a depth of a minimum 20 feet, the renovation of the listed existing building together with the erection of 3 restaurants, 2 conference halls, a beach bar with a pool in line with its sketched plan (copy of which is hereto annexed and marked Exhibit 'A' for identification) and agreed location of the public access shown on the plan of the Property secondly described hereto to the North West boundary of the Property thirdly described in the Schedule hereto to that the public access is relocated so that it runs along the boundary with property shown on the plan known as "The Odd Fellows Hall",

(2) the Vendor in collaboration with the Developer obtaining tax and other concessions under the provisions of the Duties, Taxes and Other Payments (Exemptions Act Cap. 67B) consistent with size and importance of this development. Consideration will also be given to the Tourism Development Act Cap. 341, as amended, to see which legislation would better suit the proposed development, and

(3) The parties hereto shall be free to extend the period for obtaining either the Town Planning Permission or the concessions referred to in Clause 3 (b) (1) and 3 (b) (2) respectively but shall do so in writing either by way of a Supplemental Agreement or by confirmation from the parties Attorneys-at-Law that the time has been so extended.

7.A new plan of the Property will be given to the Purchaser on completion which plan will show the new highwater marks for the three (3) properties more particularly described in the Schedule hereto and the Vendor's Land Surveyor will point out to the Purchaser the landmarks shown on the said plan and at the expense of the Vendor replace any such marks as shall be missing.


On the 4th of May 2017 the High-Water Mark was determined in consultation with The Department Of Lands & Survey, Division of Housing and Lands and The Coastal Zone management unit.

Prior to the sale being completed Ministry of Housing asserted that they owned part of the land and that all the lands were not vested in BTII. The matter was communicated about between Mr. Kinch’s lawyers and BTII’s lawyers and the opinion was that the land had not been subdivided properly when they were vested in BTII. It was agreed that a resolution would be done to resolve the matter and Mr. Kinch was told everything was done and BTII was ready to complete the sale.

In December 2019 Before completion of the sale vacant possession of the lands had to be obtained through BTII as boats and trailers were parked on the land to the South of the Lifeguard tower and Copacabana had to move their fence to the Northern side of the properties BTII sold to Mr. Kinch.

December 31st 2019 - Sale completed

June 2nd 2021 Site meeting with PM and AG along with others.

On March First 2023 we received correspondence from George Waltons Payne & Co who are the legal representation of BTII stating that a mutual mistake was made and refer to plans drawn by the surveyor they contracted and operated on their instructions. The Plans were prepared and stamped by the Lands & Survey department. The plans went on to be used and the description given in the conveyance which the sale was completed on. The letter received states the best course of action is the execution of a Deed of Rectification to correct the misdescription in the Conveyances. And that if Mr. Kinch does not agree that they have been instructed to make an application to the High Court for the same.

Mr. Kinch was invited to a meeting for April 25th 2023 to discuss other matters, the AG was present and instructed Mr. Kinch that the meeting was his meeting and advised Mr. Kinch for their desire to obtain the land by private treaty and if that failed that the Government would Acquire the land.

At a meeting on the 19th of July 2023 attended by Minister Duguid, Minister Sutherland and the Attorney General Dale Marshall. The AG held the position that Mr. Kinch does not own a significant piece of the land because it was not vested in BTII the government agency that sold the land to him. The AG stated the government will not pay him for that land because he does not own it. When asked if Mr. Kinch would be refunded by BTII for the land that they are now claiming Mr. Kinch does not own the Attorney General said “NO”. He also went on to say that surveyor surveyed down to the high-water mark when he ought not to have. He states this despite the fact that it is in the agreement from BTII to sell the land to Mr. Kinch. 7.A new plan of the Property will be given to the Purchaser on completion which plan will show the new highwater marks for the three (3) properties The land that they are claiming Mr. Kinch does not own is over one acre so in effect Though Mr. Kinch was lead to believe he was purchasing the land and paid for the land he will not receive any compensation for the loss of the land though it is not due to any fault of his own.

The AG made a statement that the sale of the land to Mr. Kinch was a policy position but that the time this government came to office that we did not share the same approach and that we wanted to save that part of the overall for the public of Barbados. We were in no position to stop the sale since Mr. Kinch had contractual right to specific performance of the contract. The purchase agreement did pose a way for them to stop the sale. So my question is did they just want to rob Mr. Kinch? Please see the exert from the agreement below.

15. Should at any time prior to the completion of the sale and purchase of the Property herein described:

(a) a Notice under Section 3 of the Land Acquisition Act Chapter 228 of the Laws of Barbados stating that the Government intends to acquire the whole or any part of the land to be issued; or

(b) a Notice under Section 6 of the said Act stating that the land has been compulsorily acquired be issued; or

(c) a compulsory purchase order be issued or a proposal to make a compulsory purchase order be made in respect of this land;

hen this Agreement shall immediately terminate and be null and void and of no effect.

My concern is how can a government agency that advertises itself as a critical conduit to guide your Barbados Investment experience by providing details on all relevant private sector and government agencies to help you better your time and resources. An agency that states its Vision is to be the lead agency facilitating investment in tourism and urban regeneration in Barbados. How can that Agency advertise beachfront property, describe it to the sea in its tender document, have it resurveyed and conveyed and then come back and say Mr. Kinch does not own the land and not offer compensation. Mr. Kinch has being paying land tax on the full area of land including the land in question since the purchase of the land. Additionally, how can the AG be so callous and wreck less in his handling of an investor in Barbados who as it may seem has been a victim of fraud.

Aside from the above I also want to point out that Mr Kinch has experience in land acquisition as he has been waiting for over 10 years to be paid for land government took from him to build a round about. He has continuously reached out to the government to resolve that matter.

The LAST thing we wanted to do was to have to bring this to public light. We are entrepreneurs and investors. We know that when investors local or foreign see the way this matter has been handled that they will be at best weary of investing in Barbados. Investment feeds employment and without employment poverty increases. This is NOT what we want for country! We have submitted numerous proposals that would allow for the government to achieve their goals of maintaining an open window to the sea. & public parking we have also included showers, washrooms and vending spaces to ensure the vendors continue to have opportunity but our proposals are not even acknowledged.

At this juncture we cannot continue in circles like a dog chasing its tail. To me it is like someone advertising a bus for sale. The interested party a taxi man goes and views and inspects the bus. He signs the agreement and pays for the bus, he licenses the bus and pays the permit fee and insurance and fills the bus with gas and then the past owner comes and says I only sold you the back half so instead of 20 seats you have 7 and you have no engine …. What use is half of the bus to the taxi man?

Someone needs to be accountable for this madness! What kind of country are we living in that these things happen, and no one takes accountability, and the innocent victim is bullied further.

Mr. Kinch is NOT in a position to walk away from the land as he is currently in what seems like an unending court battle with his Ex for a settlement and has no access to his other assets. This too is a fact the Government knows and I suspect are using to their advantage.

There are many more events that took place that will highlight the victimization Mr Kinch has experienced starting with Minister Prescod digging up the coconut trees we planted. The trees were planted and we moved them back when requested and then though they were way, way behind the lifeguards line of sight he still had them dug up. There are many stories of property destruction and abuse of powers that we can share but we will reserve those for another day.

Another question I have is why the government will not be responsible and be accountable. Apologize to Mr. Kinch and negotiate a settlement. Mr. Kinch is willing to Negotiate. If this goes to court where it would seem it is heading it will cost the public of Barbados million more in settlement and legal fees and tie up the law courts for many years. We have offered several generous offers as I have said but they go unacknowledged.


I want to add a personal note to this statement. I Sarah Taylor was raised as a BLP supporter. Ministers of that time from BLP visited our home. I remember wondering when we would have a female Prime Minister and hoped that Bille Miller would become the first female Prime Minister. Our current PM was my childhood hero because in my eyes she cared about all. Those in the smaller communities and those in the heights and to me that signalled greatness. When she was elected PM of Barbados was one of the happiest days of my life. Today having to come forward and say this about those I believed is one of the saddest days of my life and I am GREATLY grieved. I think most of us understand that it is not when those that we do not believe in disappoint us but it is when those we have the most care and admiration for mistreat us that it causes the greatest pain.



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