OPEN LETTER TO THE COMMUNITY

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Philippa Barton
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Akumal is also a place where you can find numerous species of plants and animals, which together with its magnificent beaches continues to attract an ever-growing number of visitors from around the

1 OPEN LETTER TO THE COMMUNITY Akumal Bay (place of turtles, in Maya) is the premier tourist destination in Quintana Roo. It is the only place in the world where you can observe free ranging turtles in their natural habitat. Akumal is also a place where you can find numerous species of plants and animals, which together with its magnificent beaches continues to attract an ever-growing number of visitors from around the world. Akumal Bay can be entered through more than seven public entrances set up by the local government in accordance with the Akumal Urban Development Plan However, access to the federal beach area is mostly through a property owned by Centro Ukana I Akumal, AC (CUIAC). The water in front of the beach contains large patches of sea grass on which the turtles feed. This particular location has excellent vehicle access from the Cancun-Tulum highway. There is a marked lack of oversight by the local environment and ecology authorities who allow uncontrolled access to anyone wanting to observe the turtles, producing a massive commercial exploitation of the bay. Scientific studies have determined that the ecosystem is in a critical state and has suffered irreversible damage, all for the sake of financial gain. The main culprits are a handful of tour operators and water sports businesses who, in addition to the destruction they cause bring no benefit for the community. In order to defend their interests they present arguments using patently inflammatory rhetoric to disguise their true intentions behind a supposed championing of Akumal villager's rights. Using media tactics they fool the local population into believing that the "CUIAC property contains a public access to the beach which that organization is stealing from the people in order to privatize the beach." So far this has resulted in several administrative and judicial proceedings instigated by these businesses. These actions have backfired and instead of weakening CUIAC's position as owners and occupants of the property their rights were reaffirmed and expressly recognized by the State, Municipal and Judicial authorities. These authorities also confirmed that the CUIAC property has no restrictions or window to the ocean, no public right-ofway or entrance that could limit their rights of ownership or possession, and therefore that CUIAC has full title on the property.

2 In order to counter the negative media campaign, CUIAC has approached several Akumal community groups and committees to whom it has clearly and directly shown the legal determination of its rights made by the courts. We also reassured the villagers of Akumal that they always have and always will continue to enjoy free access to the Centro Ukana I Akumal, AC property for their leisure. Therefore it is clear that as permitted by law and property rights CUIAC is entitled to do whatever is necessary to fulfill its community, ecological and educational goals, so that the any revenue it receives can be used entirely (after taxes) to benefit the Akumal community. Such revenue would come from charging visitors admission to enter the property. This would also benefit by regulating the number of visitors using the bay so as not to overload the ecosystem beyond its legal capacity as eventually determined by the ecological authorities in accordance with the following letter.

3 LETTER OF COLLABORATION Centro Ukana I Akumal, AC, "CUIAC, is a nonprofit organization duly organized under the laws of Mexico and represented by Carlos Ortiz Salinas acting as President of the Board Of Directors. Our Association has the OWNERSHIP and POSSESSION of the property located at Lote 1, manzana 11, region 1, Bahia Akumal, in the Township of Akumal, municipality of Tulum, Quintana Roo, postal code 77780, as witnessed in Public Document 52,233 dated October 5, 2011, a copy of which is attached hereto. The property is duly recorded in the Playa Del Carmen Office of the Quintana Roo State Public Registry of Property and Commerce under file number 18358, indicating that it fully owns the rights on that property without limitation or lien whatsoever. We are a nonprofit organization and therefore we do not participate in activities for the private economic benefit of any single person. Our charter lists the following activities: a) Direct our efforts towards actions serving to benefit the Akumal community in general and the town in particular; b) The implementation of structures and programs to protect the ecosystem of by generally promoting environmental awareness and education in Akumal; c) To be selfsustaining in order to obtain the necessary resources to fulfill our community goals. To this effect we want to inform the community of how our property will be re-organized as follows: FIRST-. For leisure purposes, the Akumal community may openly and freely cross CUIAC's property to reach the Federal Zone (green line on the map) and enter through the "dune". SECOND-. Out of safety concerns, pedestrian access through the traditional Akumal Entry Arch will be eliminated and this entrance will now be considered exclusively for motor traffic. The loading and unloading of employees at "entrance 2", as indicated on the map, will also be eliminated. We wish to point out that members of the Akumal community who wish to continue using the Arch will do so at their own risk. THIRD-. Visitors and commercial traffic will enter the property on foot following the "blue line", or they will unload their passengers at "entrances 5 and 6", as shown on the map leading to the CUIAC information Center where they will be charged admission in accordance with their status as a Quintana Roo resident or commercial user. The amounts charged will be similar to those in effect elsewhere along the Riviera Maya. Akumal town residents will be exempt from paying the admission charge. Access to the CUIAC property will be limited to 900 people per day until the competent authorities set an official capacity for the Bay.

4 AKUMAL TOWN RESIDENTS WILL BE GRANTED PRIORITY OVER OTHER VISITORS AT ALL TIMES. Revenue obtained after taxes from charging access to the CUIAC property will be used to benefit the Akumal community as follows: a % for upkeep, operating and maintenance expenses such as bathrooms, drainage, showers, paramedics, first aid station, garbage containers, private security, information and warning signs, beach cleanup, lifeguards and defibrillators among other items to provide safety and assistance for visitors, and for the implementation of conservation measures in the bay. b % for studies, structures and programs that will protect the ecosystem and promote conservation and education in the Akumal community. The CUIAC Information Center will be open to all local residents and the center will serve as a place for continuing education, workshops and announcing the results of any monitoring and research programs carried out in the area. c. c % will be used specifically to benefit the village of Akumal by improving sustainable development in order to meet the following needs in a general manner: Infrastructure-. Construction of a water treatment plant, drainage, streets, sidewalks, public lighting, security, street signs etc. Community, Family, Health and Education Programs-. Health clinics, school improvements, child care centers, cultural, recreational and sports activities. The infrastructure and social programs described will also be oriented towards meeting the requirements of a community model called "Pueblo Magico (Magic Town)". This designation will allow the village of Akumal to be considered as an independent tourist destination and be eligible for government grants that will create employment and growth in the Akumal community. FOURTH-. The creation of a roster of certified local guides, residents of Akumal, will make hiring them mandatory for any agency and/or operator wanting to do business in the Bay and entering through the CUIAC property. Of course this will only be applicable to the activities and for the number of excursions authorized by the competent authorities. FIFTH-. Tour operators who are part of the Akumal community will receive preferential treatment under individual contracts they sign with CUIAC representatives.

5 SIXTH-. As part of their general cooperation effort CUIAC and the town of Akumal will set up an oversight committee made up of two people chosen by the Akumal community. This committee will supervise the transparent use of the % of admission fees slated for the community. Their salaries will be paid by CUIAC. SEVENTH-. The duration of the reorganization described in this Letter of Cooperation will be for a period of two years as of February 25, 2015 until February 24, Upon expiry of this term the agreement will be reviewed and may be extended based on its success and future projects. Akumal, Quintana Roo, February 27, 2015 Board of Directors Centro Ukana I Akumal, AC

6 CC President of Mexico, Federal Judiciary Branch, Federal Senate, Quintana Roo State Federal Representative, Federal General Attorney's Office, Department of Tourism, Department of the Environment and Natural Resources, Federal Office of Environmental Law Enforcement, Wildlife Office SEMARNAT, Federal Coastal Zones SEMARNAT, Port Authority, Playa Del Carmen, Governor of the State of Quintana Roo, Quintana Roo State Congress, Quintana Roo State General Attorney's Office, Mayor of Tulum, Tulum Town Council Secretary of Tourism, Tulum Controller's Office, Tulum Director General of Urban Development and Ecology, Municipal Secretary-General of Tulum, Akumal Municipal Delegate, Municipal Secretary-General of Solidaridad, Akumal Hotel Association Akumal Community Associations and Committees Enrique Peña Nieto Luis María Aguilar Morales Miguel Barbosa Huerta Román Quian Alcocer Jesús Murillo Karam Claudia Ruiz Massieu Juan José Guerra Abud Guillermo Haro Bélchez Dr. Jorge Maksabedian de la Roquette Mariana Boy David Antonio Galeana García Roberto Borge Angulo Pedro José Flota Alcocer Gaspar Armando García Torres David Balam Chan Jorge Alberto Portilla Manica Marisol Canto Celis William Alain Hernández C. Gilberto de los Ángeles Gómez Mora Abraham Rejón Tun Juan Carlos Pereyra Escudero The Open Letter to the Community was sent to federal, state and municipal authorities as well as tourism and environmental organizations listed above.

7 CUIAC ACCESS PLAN

8 OPEN LETTER TO THE RESIDENTS OF AKUMAL Akumal, Quintana Roo, February 27, 2015 OPEN AND FREE ACCESS FOR RESIDENTS ON TO THE PROPERTY OF THIS CENTER AND ITS CUSTOMARY ACCESS TO THE BEACH. In accordance with Mexican law, the beaches of Akumal Bay are Public, as are all beaches in Mexico. Our center is a nonprofit organization with ecological and environmental goals. We want to achieve the environmental, economic and social sustainability of Akumal and the development of its community. The center is located on private property for more than 50 years (since 1962), on which there is no legal right-of-way or public access to the beach. The Center has allowed the residents of Akumal to use its land to reach the beach for noncommercial purposes and without cost. Private individuals and businesses such as commercial tour operators and businesses who require use of the center's property for their business activities must get in direct personal contact with the center as soon as possible in accordance with applicable legislation governing the conduct of business between private parties. Again, the private property of this Center does not contain a legal public access to the ocean, and it is not the only way to get onto the beach. Akumal Bay has seven legal public accesses that are presently in operation. The original Spanish version of this document can be found online.

(No. 9) (Approved April 8, 2001) AN ACT

(S. B. 148) (No. 9) (Approved April 8, 2001) AN ACT To establish the Puerto Rico National Parks System, establish its objectives, its administration, the powers and duties of the Executive Director of