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Phase Two’s 99-year lease

GEORGE ALLEYNE Wednesday, March 2 2011

Since the Port-of-Spain City Corporation has signalled that it was taking steps to have Petrotrin Phase Two, one of the nation’s leading steel orchestras, removed from its present site off in Lower Woodbrook, the question must be asked: “What became of the 99-year lease agreement signed circa 1971 between Phase Two and the Corporation?

The agreement which was signed by Peter Aleong, then Manager of the band, and Public Relations Officer, Selwyn Taradath, on behalf of Phase Two, gave Phase Two the legal right to occupy the site for 99 years, and the specific authority to develop it and build on it.

A lease, according to the Oxford Dictionary of Law, is “A contract under which an owner of property (the landlord or lessor) grants another person (the tenant or lessee) the exclusive possession of the property for an agreed upon period, (but not necessarily) in return for rent and sometimes for a capital sum known as a premium....A lease must be for a definite period, which may be a fixed term or by way of a periodic tenancy.”

The Oxford Dictionary of Law, one of the most authoritative reference works of its kind, would go on to say in part: “In the case of the tenant the implied covenants are (1) to pay the rent; (2) to pay all ordinary rates and taxes....” This Column understands that Phase Two complied with these requirements.

Of interest is that the Port-of-Spain City Corporation actually assisted the management of Phase Two in the grading of the land. In addition, the Government of the day helped to pave the area. Phase Two’s management and band members, helped by friends and benefactors, toiled long and hard, day and night, including weekends, to clear the land, some two to three lots, dominated by clusters of bamboo, from which it would earn its then nickname, Bamboo Patch. Phase Two would begin rehearsals there even before the leased area was fully cleared and would even use bamboo stalks as improvised racks.

Developing the area was difficult and would, undoubtedly, have deterred many another group, but Phase Two officials, members, friends and well wishers were determined to soldier on.

The steel orchestra which today stands poised to win this year’s Panorama competition and become Trinidad and Tobago’s and the world’s number one steel orchestra, had introduced a wholly new system of sponsorship which would arouse national interest and in the process gain required financial support at the time.

It was the first steel orchestra in which each of the band’s stands or sections when Phase Two took part in the Panorama competitions had a different sponsor. A leading advertising agency, referred to as the Ideas Company, assisted Phase Two through the innovative early years and beyond in obtaining sponsors. For many years now, however, the State owned oil company, the Petroleum Company of Trinidad and Tobago Limited (Petrotin) has been Phase Two’s sole sponsor. The sponsorship by the energy major of one of Trinidad and Tobago’s steelband majors has proven an excellent combination.

But all these things apart, why has the Port-of-Spain City Corporation gone public, dramatically, with its intent on having Phase Two vacate the old “Bamboo Patch”? Admittedly, the argument has been for Petrotrin Phase Two to give way to the multi-storied apartment complex known as One Woodbrook Place, which was erected by Home Construction Limited (HCL), a member of the CL Financial Group of Companies. How long has the City Corporation or City Council, as it was once known, been moving to have Phase Two vacate the leased area and can a compromise not be arrived at?

Is there not room for One Woodbrook Place and Petrotrin Phase Two? It is doubly ironical that Phase Two as it stands on the threshold of another time around of being Trinidad and Tobago’s numero uno steel orchestra, this time with the beautifully crafted and pointed tune, “Do Something For Pan”, that its work and what its tune stands for should be almost casually shunted aside.

Can a compromise not be worked out which would protect the interests of both and, incidentally, the interests of pan lovers? Will the City Fathers, whose Corporation once helped Phase Two to grade the land now help the orchestra to retain its occupancy of the now fabled “Bamboo Patch”? There was a time when because of the quality of music provided and the nurturing of indigenous culture, not unlike that of New York’s world famous Greenwich Village, Phase Two’s plot of earth was nicknamed The Village. Must all of this be dismissed and forgotten as Phase Two’s 99-year lease appears to have been?

www.panapparels.com

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Excelent article!!

From what I understand, the concept of eminent domain to expropriate property is for public use.  There is nothing civic-minded nor legit in extending that to benefit private interest.  In fact one can credibly argue that Phase II Pan Groove Steel Orchestra is an integral part of steelpan and the culture of T&T.  As such an institution, the Pan Yard home with its historical significance should be considered a heritage site and therein the City Fathers should consider this cultural icon a heavier import.

If Starlift can use that area on the foreshore for their band what is the issue that Phase 11 cannot move into that same area? The building that was provided I see nothing wrong with the structure, so much can be done down there with a little imagination, shows, fetes whatever to raise money for the band, yet they rather stay in a place where traffic is a problem which inconvenience a whole lot of people using that road, and will cause major headaches for person going to One wood-brook place. Maybe if someone can explain what is wrong with this new appointed area people would understand.
At what will you say if/when they're asked to move again because some "private" business interest decides to build on that spot and tells PhaseII and Starlift to move again???

Hey P S you need to find out the history about Phase II before you can call them "spoiled brats"

you and alot like yourself didn't know anything about Phase II until they started winning panorama,

so stop listening to they say and them say and try and find out facts about the band.

Phase Two does not want to move to anywhere! Why can everyone not understand this!!!
Starlift LOST most of their support to Silver Stars. When you move a band from it's community you lose. Tell me why Invaders are still there?

 it obviously has to do with   big boy deals 

 this was started  under the pnm mayor - rahael 

 the boys made good  $$$ from the sell out of city corporation moving to mucurapo

 phase2  must stand and fight as they are on hallowed and 99 lease land

 nuff said 

 lee sing take a hike

 

how can an entity who simply wants the AGREEMENT to be HONORED, be considered a spoiled brat?

i HATE this mentality that anyone who stands up for their rights, and speaks out about it, is called a 'spoiled brat'. 

 

Why should the Phase have to move when THEY HAVE A LEASE to be there?  They are only standing up for their rights under said lease agreement - which was entered into, by all parties, freely.

Those who want to break that lease, to inconvenience others for their OWN benefit, are the "spoiled brats'  -- not the band.

 

the city corporation MADE the agreement with Phase II for a specified amount of time - they are therefore accountable to uphold their end of said agreement.  They cant just boot out the leaseholder  without expecting a fight.

 

The government should do the same thing for Phase II that they did with Invaders. Phase II is a Woodbrook band, It just not kool to take a Woodbrook and put them in St James, It's like if you take Despers and relocate them in Woodbrook it just won't be right. A steelband is a community thing and should be kept in their community unless they want to be moved.

With all this commentary, has anyone read the lease?

I worked with George Alleyne at the Trinidad Guardian 43 years ago. George has been an outstanding writer, in that

he always present facts to his stories. His ''99 year lease"" story should make the City Fathers feel like children

being scolded by their children.   WELL  DONE  GEORGE....Allan Gibson....

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