S.A de Custodia de Propiedades Guanacastecas and the Nosara Civic Association have reached a settlement agreement in principle for eight double-titled properties that have been at the center of numerous legal disputes for more than 40 years. This historic agreement clears the path for both organizations to work together collaboratively on behalf of the Nosara community in ways that were never thought possible.
Three principles form the foundation for the parties’ agreement: (1) As much green space and as many wildlife corridors will be protected as possible; (2) Consideration for resident’s privacy will be central to any settlement; and (3) Discussions will be done in a courteous, respectful and professional manner. The NCA membership will ratify the final settlement.
Six properties will be donated by Custodia to the NCA, one will be divided into two parts, and one will be retained by Custodia and absorbed back into finca 24113-B with the agreement that at least 65% will be protected in perpetuity. Both parties will work together in cooperation with the Registro Nacional to ensure that clean titles are delivered to the NCA, providing legal certainty for the first time. In addition, Custodia and the NCA have agreed to remove each other from any existing legal proceedings and work to seek ways to settle any differences outside of the legal system from now on.
Custodia will continue to administer and maintain the properties until such time as a mutually agreeable transition plan is finalized. Custodia also will continue with all existing legal proceedings currently underway, while removing the NCA.
“The NCA is very pleased to have been able to reach a mutually agreeable solution with Custodia, and our board was unanimous in its support,” said Nice Alterman, President, Nosara Civic Association. “We can now turn our attention and focus to the very important priorities at hand – permanently protecting the parklands, and ensuring that a comprehensive zoning plan is put in place that will serve the community for years to come.”
“Of the several private settlements reached to date by Custodia, this is by far one of the most important and impactful” said Brooke Shields, President, Custodia. “Anything is possible if two parties sit down and negotiate collaboratively and respectfully. I look forward to working with the NCA over the coming weeks and months to put this behind us once and for all and move forward.”