Notice of Walkway Conditions

Background

Reynolds land is between Round Hill and Welcome Wharf along the base of our Bay and contains the Reynolds family's private home and Resort Central areas. An unexpected land slide on 9th January 2021 has collapsed into the sea a large part of the Walkway which previously connected the Hotel to its Spa and Gym through Reynolds Land and so the Walkway is no longer usable by itself for that connection.

The Proprietor of Reynolds Land has responded in good will to the disastrous collapse, which destroyed our beautiful sea caves, by specifying and enabling a contractor to build an emergency Detour paid for by RHDL's insurance. The Detour is further up and back from the sea and by this Notice, since 14th February 2021, Proprietor has made it available for use by our Resort while the damage is assessed and a permanent replacement or alternate use of the collapsed portion of the Walkway is achieved.

Our Resort Community has a mixture of ownership described in this document Round Hill Resort Ownership. Homeowners of some rentable homes in our Resort are also Shareholders of Round Hill Developments Ltd (RHDL) which owns the Hotel that rents their homes. Some own Independent Villas which are either rented independently or unrented.

Proprietor's company Resort Central Ltd is planning development of the unused areas of Reynolds Land to achieve their best use given our central location and natural beauty and our project now needs to determine how to adapt permanently to the collapse. Proprietor and Resort Central Ltd's investors wish to continue to cooperate with our Resort Community for the benefit of our whole Resort.

Therefore by this Notice the Proprietor of Reynolds Land permits temporary use by our Resort Community of the emergency Detour around the collapsed Walkway, together with the remaining parts of the Walkway, subject to you and all who pass through Reynolds Land accepting these Walkway Conditions. They are posted online at: https://www.brianreynolds.biz/walkway.

Permissions

On that basis Proprietor by this Notice provides to

(a) Homeowners of this Resort whether Shareholders of RHDL or Independent Villas

(b) with their families, guests and staff

(c) and RHDL Hotel's guests and staff,


Permissions subject to these Conditions to quietly use this Walkway and Detour connecting Round Hill and Welcome Wharf through Reynolds Land,


in exchange for use of all Round Hill and Welcome Wharf facilities by

(a) Proprietor of Reynolds Land

(b) with his family, guests and staff

(c) and Resort Central Ltd investors with their families, guests and staff,


in common with and enjoying the same terms and privileges respectively as

(a) Shareholders of RHDL

(b) with their families, guests and staff

(c) and RHDL Hotel's guests and staff.

And in addition:

  1. All powered boats in our Bay should follow Round Hill Bay Safety Rules which summarise Jamaican Law and international safety standards applicable in the confined space between our reefs. Operators should also respect the tranquility obligation in paragraph 4 below, which applies to our Walkway and its foreshore.

  2. By utilising Welcome Wharf's Villa as Round Hill Hotel's Spa and Gym and using the Walkway for all in our Resort to reach them from the Hotel, Round Hill Developments Ltd (RHDL) has taken full responsibility for the operational safety and cost of this Walkway and Detour on Reynolds Land and therefor indemnifies Proprietor from all risks arising from or in consequence of use of the Walkway and Detour by anyone in our Resort, and is also responsible for safe use of the connected rights of way throughout our Resort,

  3. RHDL must ensure that all its activities which the Walkway or its continuations provide access to shall not impede such access or cause any disturbance or hazard risking it. For example there must never be any obstruction of any of the established rights of way and their appurtenances such as the dock used by our Resort Community for boating. Moreover, explosives such as fireworks or other hazardous material may never be taken to or launched from anywhere that Proprietor has found by experience would put any user of any part of Reynolds Land in danger, such as the dock or any nearby location.

Fireworks Emergency: At the elevated height of the cliffs, occupants of Reynolds Land are closer to the firework shells exploding in the air above when launched from the adjoining dock and this causes damaging shock waves accompanying the very loud detonations. The resulting concussive shocks caused a serious casualty with internal injury from the fireworks launched from the dock on 17th July 2021 during which multiple powerful shells exploded at the same time close overhead of Reynolds Land. Therefor any and all fireworks or other explosives may no longer be launched or detonated within 100 meters of any boundary of Reynolds Land. This rule cannot be ignored without severely violating these Walkway Conditions.

  1. RHDL responsibilities include all maintenance of the Walkway and Detour with its fences and gates, all liability and other insurances, the tranquility of RHDL's operations in this area and providing Proprietor and his family with early notice and alternative accommodation during the entire duration of any nearby events, periods of construction or other noisy or disturbing activity.

  2. RHDL may landscape the views from this Walkway and Detour at its cost with the Proprietor's prior agreement on details and timing.

If you choose to use the Walkway or Detour then by doing so you have accepted each and every Condition in this Notice.


Straying from the provided Walkway and Emergency Detour or changing its signage or any other feature of Reynolds Land without prior permission of Proprietor is trespassing.


You may enjoy our seaside views while keeping to the Walkway and Detour provided as you pass through our home calmly and quietly, respecting our rights including security, tranquility and privacy, without stopping unless arranged in advance with the Proprietor or his nominee.


Status

The Walkway Conditions (Conditions) in this Notice are derived from the status quo in operation in practice prior to the Walkway's collapse and also include Permissions for temporary use of the emergency Detour and remaining Walkway for our Resort while we implement permanent improvements to the collapsed part and the unused Resort Central areas of Reynolds Land.

These temporary Conditions as amended from time to time and posted in this Notice by Proprietor, together with their continuing acceptance upon every use of the emergency Detour and remaining Walkway by our Resort's Homeowners, their families, guests and staff along with Round Hill Hotel's guests and staff, have superseded all prior agreements and are now the only formal arrangement with our Resort.

Proprietor is open to considering a permanent arrangement with all Homeowners of our Resort if we organise ourselves to communicate and cooperate. Those influencing RHDL may ask for permission to read Extra Notes regarding RHDL which is at present withdrawn from public view until the Fireworks Emergency noted above is fully resolved.

The Conditions in this Notice have been prepared by Proprietor without benefit of advice or contract in order to respond quickly in good faith to the need to provide a solution to the emergency our Resort suffered from the Walkway collapse. If legal advice is needed then these Conditions may expand or change and so all legal rights and remedies are retained.


Please fulfil the Walkway Conditions as failure to do so by anyone could cause cancelation of the Permissions that this Notice provides to all in our Resort Community. The Permissions could likewise be cancelled by removal or obstruction of signs linking to this Notice or stating these Conditions which Proprietor may place near the Walkway and Detour, or if Proprietor withdraws this Notice at any time for any reason.


Link to this web page: Notice of Walkway Conditions. For questions, feedback or to learn of our plans, please email br@brianreynolds.biz