PHILIPSBURG - Alegría Real Estate BV, the owner of Caravanserai Beach Resort in Beacon Hill, wants The Dream pool bar and lounge on the premises to be vacated.

 

Operated by Piet Martijn “Marty” Dijkhuis, the popular watering hole among locals and visitors alike is under threat of being closed. In May, Alegría in vain requested the Court to order an eviction. A second injunction, in which the Judge ruled on Friday, met the same fate.

 

Alegría wants to turn the resort into a luxury hotel in which there would no longer be a place for the pool bar. According to Alegría, Dijkhuis had failed to pay rent since September 2014. Alegría was entitled to monthly payment of 50 per cent of the pool bar’s monthly profits, but claimed that none had been received. The defendant had also failed to pay the water and electricity bills, it was claimed.

 

In the rental agreement it is stated that “the rent after six months for the first four years and six months…amounts to 50 per cent of the net profit per month payable on the 10th of each month. All investments, cost and purchases different than inventory for sales purposes, utilities and personnel cost (other than concerning the owner) are for the account of the tenant and not part of the cost for calculating net profit.”

 

During the hearing of the injunction on September 16, Alegría requested the Court to order the pool bar’s eviction and payment of $6,355 in arrears of rent. As per August 5, Alegría had one-sidedly dissolved the rental agreement.

 

Dijkhuis had called upon the Court to reject the claims and order Alegría to fix damages to the bar sustained during the passing of Hurricane Gonzalo in October 2014, and to carry out regular maintenance.

 

In Friday’s verdict, the Court established there were differences of opinion between parties concerning stipulations in the rental agreement, specifically about the profit calculations.

 

According to Dijkhuis, Alegría is making errors in the calculations as it only deducts purchases from the monthly turnover. However, the rental agreement also allows deductions for other cost, such as for inventory, personnel and “emergency arrangements.”

 

Based on his calculations, Dijkhuis had made rent payments from September 2014 to July 2015, which were all accepted by Alegría. Only in August Dijkhuis had not paid rent as he had not made any profit and, therefore, was exempted from payment.

 

According to the Court, it had become clear that Dijkhuis had paid rent on a regular basis and that the agreement made it possible that, under certain conditions, there would be no rent due. Therefore, the Court did not find it proven that there were any arrears.

 

On this point, the Judge recommended parties to start a court case on the merits, to open negotiations or seek the assistance of a mediator, instead of filing injunctions against each other.

 

As the pool-bar operator had successfully proven that he was in possession of the required permits and the establishment was adequately insured, the Court did not find any ground to call for an eviction.

Islands

 

The Daily Herald