Dear Editor,
It is astounding that with all the publications on the COCI land issue that anyone to this day can believe that the issuance of land in long lease to COCI can be compared to the land issued in long lease by outgoing Minister Emanuel, to entities/persons who were either not established and/or did not have in land requests in (this based on the newspaper publication).
COCI received land in long lease based on several requests that had been filed to Government over a period exceeding 10 years. Minister Maurice Lake in 2014 decided that it was the best idea to request COCI to develop the property alongside the ring road, so that all interested in purchasing, rent to buy and lease could have a fair chance in getting a commercial property in Philipsburg. Placing the development with COCI meant that this property would not be subject to the whims of Ministers trying to issue land people they preferred, excluding all others.
COCI was asked by Government to take on the development of 10,000 square meters of land, on which Government had projected an Economic Service Center. COCI agreed to accept the responsibility and to develop with Government the property for that Economic Service Center.
COCI received the land in long lease in 2014, when Claret Connor was not a Minister. COCI worked with Government on the transfer of the property, which had to be based on a development agreement. That development agreement was negotiated, and the transfer tax amount was determined.
COCI agreed to develop the property and accepted the conditions set by the Government as in section 4 of the agreement it states:
4: Conditions and obligations regarding the use of the Project Site
4.1: COCI will see to it that the use of the Project Site will be exclusively for the development, construction, operating and maintaining of the ESC, in which spaces are incorporated for the allocation of multifarious activities by Sint Maarten entities, which are directed at supporting and promoting commerce and industry on Sint Maarten.
4.2: Parties agree that the Development Plan shall provision for the placement and inclusion of certain entities, of which their objective serves to stimulate economic activity and growth as well as enhancement of service offerings in Philipsburg.
4.3: Further criteria related to the selection of the intended entities, as meant in section 4.2,, shall be set up by COCI, dependent on a feasibility assessment executed by COCI, aimed at supporting the financial feasibility for the success of the project. The ESC shall in any event include entities with a commercial aim in the area of:
Communications
Business development
Photography and Digital imagery development
Tourism development
Public education and resource facilities
Real property development and management
Land measurement and registry services
Optical services
Financial services
Architectural and Interior design
Hospitality
Food and Beverage
Manufacturing Industry
Education
Entertainment
4.4: COCI shall ensure that entities as mentioned in section 4.2 (Annex 1), among other entities will get the opportunity to enlist for accommodation within the ESC. Further rules related to this enlistment will, be established by COCI.
4.5: Parties agree furthermore that COCI will use its best efforts to ensure that the food snack- and restaurant operators currently operating along the section of the W.J.A. Nisbeth Road where the Project is planned, and who are operating with a valid vending license, will be accommodated within the Project, provided the standards for operations as per the ESC rules and regulations are accepted and met by said operators.
4.6: COCI shall, depending on the particular circumstances of each entity for whom placement is provisioned, enter into such agreements as may be required by law to formalize relationships with the entities for occupation of space and operations from the ESC. COCI shall enter into sale- and purchase agreements, lease agreements, hire purchase agreements to accommodate entities mentioned in section4.2 of this agreement and/or all other entities seeking placement in the ESC. SXM through the execution of this agreement has issued its prior approval to the establishment of any and all rights of superfices (recht van postal) or condominium rights, by COCI on the real property obtained by COCI in long lease form SXM for this purpose.
4.7: COCI will include such terms and conditions in executed agreements to ensure that the objectives undertaken by entities permitted to operate from within the ESC shall not in any form or fashion hinder, prevent or be detrimental to operations of others within the ESC and/or the economic development in St. Maarten.
4.8: COCI will be responsible for the development of all the infrastructure requirements for the Project which will be subject to prior approval of the minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI), which approval(s) shall be sought in accordance with applicable laws and regulations.
4.9: The infrastructural requirements as per 3.1. b of this agreement for which COCI will be responsible, shall in any event include:
* the realization of the access road in section B on the attached Schedule [2] and the supply/services road (surrounding section A on the attached Schedule [2]) to the ESC;
* the construction of sufficient public parking space to be realized, granting due public access to the entities within the ESC (Section B on the attached Schedule [2] situated outside the boundaries of the Project site, with provisioning of a supply/service road (surrounding section A on the attached Schedule 2) and loading/offloading areas for the entities within the ESC situated within boundaries of the Project Site;
* the construction of drainage provisions for adequate drainage of the Project Site and of the access road and supply/service road;
* the provision of public restrooms, emergency facilities within the ESC.
This means that COCI did not just get a property for itself, but was assigned the developer of a property for and with the Government of St. Maarten in the interest of economic development, a task that COCI has by law. The considerations for the Government to work with COCI in the agreement speak for themselves:
A. To promote the public interest of commerce and industry, SXM and COCI wish to allocate specific establishments within Country Sint Maarten for the benefit of commerce and industry on Sint Maarten;
B, An Economic Service Center for and in Philipsburg St. Maarten is deemed required;
C. Such an Economic Service Center requires a development plan and approach that will allow the project development to be undertaken in a non-discriminatory, efficient, transparent and effective manner;
D. It is deemed required to have such development of an Economic Service Center to be undertaken by an independent entity, having or being able to attract the required sources and expertise, for execution and management of the Economic Service Center (the Project);
E. COCI is the assigned entity aimed at overall economic development through the establishment of a supporting environment for economic development, according to article 1, paragraph 1 of the National ordinance on the Chamber of Commerce and Industry;
F. Based on its application COCI is willing to undertake such development in the interest of St. Maarten in general and the business sector in specific;
G. COCI has pledged its commitment towards the prompt execution of such development if enabled to do so;
H. Considering the desire of SXM to create such an Economic Service Center, which is formulated in the Project, to be realized;
I. SXM thus has considered the application of COCI for the issuance of a parcel of land for the development of an Economic Service Center in Philipsburg St. Maarten, within the context of its desire to execute the format for an Economic Service Center as formulated in the Project;
J. SXM is of the opinion that COCI can execute such a Project in a non-discriminatory, transparent, efficient and effective manner in line with the stipulations set forth in The National ordinance regulating the Chamber of Commerce;
K. SXM and COCI have identified a parcel of land described in Schedule [1] (the ‘Project Site’), as an appropriate location for the establishment of an Economic Service Center in which multifarious activities are to be conducted, to stimulate commerce and industry on Sint Maarten. The Schedules and Annex attached hereunto form an integral part of this Agreement;
SXM is prepared to grant a right of long lease (Schedule [3]), as meant in Book 5 of the Civil Code of Sint Maarten, of the Project Site to COCI to facilitate the realization of the Project;
With the agreement completed COCI received the property by deed of transfer finally in 2015, paid its transfer tax and started the development process. Bare in mind that this process started long before 2014, so its conclusion by Minister Connor in 2015 can in no way be compared to the actions of Minister Emanuel. The property in long lease was granted so any interested entrepreneurs could seek to own, lease or rent to own commercial space with equal chance, and not just a selected few by the Minister.
Board of the United Democrats
