Dear Members of the Antigua Yacht Club and the Board:
This communication serves to address and rebut the claims made in the letter authored by Shaun Falcone, dated 23rd November 2024. Upon reviewing the allegations, we find them to be factually incorrect, misleading, and damaging to the reputation and integrity of the AYC. The following outlines our position:
1. Breach of Agreement by AYC:
The claim that AYC violated the agreement by exploiting dock space commercially is baseless. The terms of the agreement were adhered to, and any adjustments to dock usage were implemented with transparency and necessity for the sustainability of the club. Assertions to the contrary lack substantiated evidence.
2. Unjustified Financial Demands:
The invoices issued to Marina and Resort Ltd. were not arbitrary but based on legitimate claims arising from ongoing operational needs and contractual obligations. The referenced “cease and desist letters” and purported tax liabilities are unilateral interpretations that fail to acknowledge the mutual agreements governing our relationship.
3. Lack of Legal Authority:
The assertion that AYC lacks legal authority to grant passage rights to the dock is incorrect. AYC has continuously maintained its authority, validated by governmental recognition and the operational framework established over decades. The survey mentioned by Leslie King has no bearing on the club’s legal standing today.
4. Failed Negotiations:
Marina and Resort Ltd. consistently failed to engage in negotiations with transparency and good faith. The so-called “mutually agreed draft” of 2019 was introduced unilaterally and contained terms prejudicial to AYC’s interests. The rejection of such proposals was necessitated by their incompatibility with AYC’s goals and fiduciary responsibilities to its members.
5. Unreasonable Demands:
The financial proposals referenced, including intellectual property fees, reflect a fair market valuation of the rights involved. Assertions of exorbitance ignore the substantial value that Marina and Resort Ltd. derives from its association with AYC. Moreover, AYC provided ample notice for rebranding and made repeated efforts to facilitate a transition. The refusal to negotiate in good faith by Marina and Resort Ltd. is the primary cause of any perceived inconvenience.
6. Final Proposal:
The so-called “final proposal” presented by Marina and Resort Ltd. was a self-serving offer disguised as an act of goodwill. By tying the clubhouse redevelopment to an acknowledgment of disputed debts and property rights, Marina and Resort Ltd. attempted to leverage its proposal to gain undue advantage. AYC’s rejection of this proposal was both necessary and justified to protect its interests.
Conclusion
Shaun Falcone’s letter misrepresents the facts and distorts the historical and legal context of the relationship between AYC and Marina and Resort Ltd. AYC has consistently acted in the best interest of its members, adhering to its founding principles and the agreements governing its partnerships. We remain committed to protecting the legacy and sustainability of AYC and will not be swayed by unfounded accusations or attempts to undermine our integrity.
We encourage our members to review the documented history and agreements before forming opinions based on this misleading correspondence. Should you have further questions, we remain available to provide clarity.
Richard Archer
Commodore