The Tribune

By NEIL HARTNELL

TRIBUNE Business Editor

nhartnell@tribunemedia.net

THE CONSORTIUM developing the $550m Four Seasons Ocean Club Residences is obligated to use “best efforts” to give Bahamian vendors-only access to Cabbage Beach via the project site during construction and provide a public right-of-way upon completion.

The Heads of Agreement, signed jointly by the Government and developer on October 21, 2024, sought to address Bahamian fears that the project could cause further loss of treasured beach access by tying its principals to a series of commitments involving “a high-level of environmental stewardship” and compliance with The Bahamas’ “coastal resilience priorities”.

The 18-page investment deal, which has been obtained by Tribune Business, stipulates that - apart from the typical clauses mandating that Bahamian jobs and hiring of contractors be maximised - the developer group must allow local vendors to operate on its property once finished “to provide a uniquely Bahamian experience”.

The agreement mandates that “preference” be given to existing Cabbage Beach vendors, who will be given training to ensure they operate at standards that match those of the high-end Four Seasons resort brand yet permitted to act as “independent contractors”.

Elsewhere, the developer agreed not to begin construction work until all necessary environmental approvals required from the Department of Environmental Planning and Protection (DEPP), plus permits from other regulatory agencies, are obtained. And, in two separate sections within the Heads of Agreement, it pledges to “remedy or mitigate” any environmental damage caused by “negligence” on its part or those of the contractors hired during construction.

The Heads of Agreement’s terms and conditions, and especially the commitments they impose on the developer, have emerged amid the ongoing controversy sparked by the now-two failed attempts to erect a temporary fence around the construction site to ensure public safety and permit work combating erosion on Cabbage Beach to proceed.

It appears that, on both occasions, the relevant regulatory agencies gave the go-ahead to put the fence up and for work to commence, only for the Government to retreat when faced with opposition from Cabbage Beach vendors and the wider Bahamian public. It twice ordered that the fence be taken down on grounds that the developer had failed to give sufficient notice both to itself and regulators, plus consult with the public.’

Tribune Business understands that the fence is only supposed to be in place for three weeks to allow contractors to safely use construction equipment required for the installation of sheet pilings. And the constant ‘put up, take down’ saga is delaying building works which, according to the Heads of Agreement, were supposed to start on December 2, 2024, provided all relevant regulatory approvals were received.

Meanwhile, advocacy efforts against the fence’s return have intensified with Selina Archer, one of the principals behind the Dis We Beach group, launching a petition on change.org demanding “clear answers” over what the Government has permitted, how the Four Seasons Ocean Club Residences will be developed, and “how our beach, Crown Land, public access and safety will be protected”.

The petition, which had obtained 503 signatures by the time Tribune Business went to press last night, said: “We are asking Government to publish the complete approval trail for The Ocean Club, Four Seasons Residences, Bahamas project as it relates to the beachfront works….

“The fence has become one of the central concerns surrounding this project. The publicly-available project information describes particular temporary construction works and access arrangements. What members of the public subsequently encountered on the beach has raised legitimate questions about whether the physical works correspond with the plans and approvals relied upon by Government.”

Development of the Four Seasons Ocean Club Residences, which are located 6.156 acres between the RIU hotel and Sunrise Beach Villas overlooking Cabbage Beach, is being spearheaded by Access Industries, the existing Ocean Club’s owner, which owns both the site and is providing the capital.

It has partnered with Florida-based real estate developer, Two Roads Development, and the high-end Four Seasons resort brand to develop the 67 private residences that will be priced between $6.5m and $23m and are already being pre-sold to wealthy investors and purchasers.

The group’s Heads of Agreement with the Government, in the very first section headlined “developer obligations and commitments”, appears designed to head-off concerns about Bahamian access to Cabbage Beach by pledging that a 15-foot wide easement, or right-of-way, will be provided on the Four Seasons Ocean Club Residences’ western boundary to guarantee a permanent pedestrian path between the road and beach.

“The developer shall grant in favour of the Bahamian public an easement for the use of 15-foot path on the western boundary of the property… for the sole purpose of providing pedestrian access from the nearest Paradise Island public road to Cabbage Beach,” the Heads of Agreement mandates.

“The developer further undertakes to grade, level and provide landscaping along the public right of way to improve safety, and will work with the Government to ensure the security of the residents, the visitors and the Bahamian public.

“The general public, identified beach vendors, and representatives of the Ministry of Tourism, Investments and Aviation, the Ministry of Public Works and the Bahamas Investment Authority shall have access to Cabbage Beach via the deed of easement.”

However, the Heads of Agreement acknowledged that access to Cabbage Beach via this planned right-of-way “will be closed temporarily” during a construction project expected to last 30 months. To address access concerns during this period, the developer has pledged to use “best efforts” and work with the Government to allow only vendors access to Cabbage Beach via the project site.

Tourists and members of the Bahamian public, according to the deal, will have to use “alternative access” points at the eastern gate of Atlantis and the pathway between Ocean Club Beach Estates and Paradise Harbour Club. “These access points are not under the control of the developer, but provide a safe alternate route for visitors to Cabbage Beach during the temporary closure,” the Heads of Agreement state.

“Provided the developer and Government will collaborate on a best-efforts basis to provide access over the project site to Cabbage Beach to beach vendors exclusively during the temporary closure. The developer will continue to use best commercial efforts to identity and secure, with the Government's approval, alternative beach access to Cabbage Beach.”

Once the Four Seasons Ocean Club Residences are completed, and operational, existing Bahamian vendors on Cabbage Beach will be incorporated into the project and play a role on its premises. The developer consortium is obligated to “develop a space to accommodate vending” and licence individual vendors “on the property in order to provide a uniquely Bahamian experience at a standard in accordance with a luxury resort operations.

“Preference will be given to existing vendors currently operating on Cabbage Beach,” the Heads of Agreement adds. “The developer shall work with the relevant governmental agencies as to the design and location of the vendor's operations and the licensing of the vendors.

“The resort operator will provide training to approved vendors to ensure high-quality guest service and the hospitality standards associated with a luxury resort brand…. Such vendors will be required to conduct their respective businesses and themselves in accordance with the standards to be established and agreed between the relevant governmental agencies and the developer in a protocol.”

Bahamian vendors operating from within the Four Seasons Ocean Club Residences must be fully licensed by the Government, and agree to meet “all service and quality standards” so as to ensure a consistent guest and resident experience.

As for the project’s environmental impact, the developer group is obligated “not to commence any physical construction on any stage of the project” without the necessary certificate of environmental clearance (CEC) issued by DEPP.

“The developer shall take all necessary steps as required by relevant governmental agencies in accordance with applicable law to remedy or mitigate any damage to the environment resulting from the negligence of the developer or the developer's contractors in executing any works connected with the project,” the Heads of Agreement mandates, repeating this clause later for good measure.

“The developer will co-operate with the DEP and all relevant governmental agencies to remedy or mitigate any damage to the environment resulting from the developer's negligence or the negligence of any of its contractors or sub-contractors executing any works connected with the project.

“The developer acknowledges the Government's priorities with respect to coastal resilience, and will seek to work with the Forestry Unit of the Ministry of Environment and DEPP to co-ordinate the removal of invasive plant species from the property and commits to utilising native plants species wherever practicable.”

However, the change.org petition demanded full disclosure and transparency by the Government over existing conditions at Cabbage Beach and how it will be impacted by the Four Seasons Ocean Club Residences project, urging that all relevant studies and reports by released publicly.

“Government has publicly described erosion at Cabbage Beach as serious enough to require restoration and beach nourishment works. We want to see the independent or Government-verified scientific evidence supporting that determination,” the petition asserted. “Before sand is added, fencing is reinstalled or the shoreline is altered, publish the surveys and site information being relied upon…

“Before another fence is installed, the public should know where it is legally and environmentally approved to go. Beach renourishment can physically change the beach. We are requesting a post-renourishment survey so the Bahamian public can compare the official boundary before and after the work.

“We also want a written commitment that Crown Land and the public foreshore will not be absorbed into adjoining private property without the lawful process required for the use or disposal of Crown Land. Show us the boundary before the sand goes down, and show us the boundary again when the work is finished.”

The petition also called for the publication of safety assessments and an access path so that Bahamians can navigate around a new Cabbage Beach fence, and added: “We also want written confirmation that the public foreshore will remain protected; construction will not unlawfully obstruct public use of the foreshore; fencing, walls, landscaping or security arrangements will not effectively privatise public beach space; and any renourished area that remains Crown Land or public foreshore will continue to be protected for public use.”