CHAPTER
290
HOTEL CORPORATION OF THE BAHAMAS |
ARRANGEMENT OF
SECTIONS |
PART I
PRELIMINARY |
SECTION |
|
|
PART II
THE CORPORATION |
Establishment of the Corporation. |
Holdings of the Corporation. |
Powers of the Corporation. |
|
PART III
FINANCIAL |
Funds and resources of the Corporation. |
|
Advances, and guarantees of borrowings, by the
Government of The Bahamas. |
Repayment of, and interest on, advances and sums
issued to meet guarantees. |
|
|
Balancing of revenue account, and surplus
revenue. |
|
SCHEDULES |
FIRST SCHEDULE - Provisions relating to the Constitution,
etc., of the Hotel Corporation of The Bahamas. |
SECOND SCHEDULE - Description of Land Held by the
Corporation and teh Titles for which the Lands are Held. |
CHAPTER 290 |
HOTEL CORPORATION
OF THE BAHAMAS |
An Act to
provide for the establishment of the Hotel Corporation of The Bahamas, for the
functions of the Corporation and for matters connected therewith or incidental
thereto. | 20 of 1974
S.I. 73/1990
29 of 1992
42 of 1992 |
[Commencement 18th
October, 1974] |
PART I
PRELIMINARY |
1. This Act may be cited as the Hotel Corporation of
The Bahamas Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"The
Bahamas" includes any waters contiguous to The Bahamas in which the hotel
and resort industry can be lawfully carried on; |
"the
Board" means the Board of the Corporation; |
"the
Corporation" means the Hotel Corporation of The Bahamas established by
section 3; |
"financial
year" means- |
(a) in 1974,
the period ending on the thirty-first day of December, 1974; and |
(b) thereafter,
subject to paragraph (c) of this definition, the period of twelve months ending
on the thirty-first day of December or such other period of twelve months as
the Corporation, with the approval of the Minister, may determine to be its
financial year; and |
(c) if the
Corporation proposes to change its financial year, any period (whether shorter
or longer than twelve months) employed to give effect to the change; |
"hotel and
resort industry" includes facilities for the holding of conventions,
casinos, and provision for lawful entertainment, the sale of any articles,
recreation, sport or game; |
"Minister"
means the Minister responsible for the Corporation; |
"prescribed"
means prescribed by regulations made under this Act; |
"subsidiary
company" means a company formed and registered under the
Companies Act in which the Corporation owns or controls more than fifty per
centum of the voting rights. |
(2) Nothing in
this Act shall be construed as preventing the appointment of the Minister of
Finance as the Minister responsible for the Corporation under this Act. |
PART II
THE CORPORATION |
3. (1) There is hereby established a Corporation to be
known as the Hotel Corporation of The Bahamas, the purposes of which shall be
the extension and the improvement of the hotel and resort industry in The
Bahamas. | Establishment of the Corporation. |
(2) The First
Schedule shall have effect with respect to the Corporation, its members and
staff. |
4. (1) There shall by virtue of this section and
without further assurance vest in the Corporation in fee simple free of all
trusts and encumbrances all such land immediately before the commencement of
this Act vested in the Treasurer as shall be described by the Minister of
Finance in the Second Schedule by notice published in the Gazette. | Holdings of the Corporation. |
(2) Where the
Corporation acquires any interest in land other than that described in
subsection (1), the description of the land and the Corporation's title thereto
shall be specified in the Second Schedule by notice of addition thereto
published in the Gazette by the Minister. |
(3) Where the
Corporation divests itself of any interest in land referred to in subsection
(1) or subsection (2), the Minister shall by notice published in the Gazette
amend the Second Schedule accordingly. |
5. For the purposes for which it is established the
Corporation shall have power, whether alone or in association with other bodies
or persons, or as holding company of one or more subsidiary companies, or as
managing agent on behalf of other bodies or persons- | Powers of the Corporation. |
(a) to carry
out any undertakings in The Bahamas which appear to the Corporation to be
needed for the achievement of its purposes; |
(b) to assist
other bodies or persons, either financially or in any other way, to carry on
any undertaking which appears to the Corporation to be needed for the
achievement of its purposes; |
(c) to carry on
any activities incidental to any undertaking (whether or not property of the
Corporation) which appear to the Corporation to be necessary for the promotion
of that undertaking. |
6. (1) The Minister may, after consultation with the
Board, give to the Corporation such directions in writing, whether of a general
or specific character, as to the performance of its functions as appear to the
Minister to be requisite in the public interest, and the Corporation shall give
effect to any such directions. | Powers of the Minister. |
(2) The
Corporation shall furnish the Minister with such returns, accounts and other
information as he may from time to time require with respect to the property
and activities of the Corporation, and shall afford to him facilities for
verifying such information in such manner and at such times as he may
reasonably require. |
PART III
FINANCIAL |
7. The funds and resources of the Corporation shall
consist of- | Funds and resources of the Corporation. |
(a) such moneys
as may be provided by Parliament; |
(b) such moneys
as may from time to time accrue to the Corporation from its operations; |
(c) such moneys
as may from time to time be borrowed by the Corporation pursuant to section 8; |
(d) such other
moneys and property as may in any manner be lawfully paid to or vested in the
Corporation whether or not in respect of any matter incidental to its
functions. |
8. (1) Subject to this section, the Corporation may
borrow sums required by it for meeting any of its obligations or discharging
any of its functions and may in respect of any such borrowing, issue debentures
in such form as the Corporation may determine. | Borrowing powers. |
(2) The power of
the Corporation to borrow shall be exercisable only with the approval of the
Minister given with the consent of the Minister of Finance, as to the amount
and as to the sources of the borrowing and as to the terms on which the
borrowing may be effected. |
(3) An approval
given in any respect for the purposes of this subsection may be either general
or limited to a particular borrowing or otherwise and may be either
unconditional or subject to conditions. |
(4) A person
lending money to the Corporation shall not be bound to inquire whether the
borrowing of money is within the power of the Corporation. |
9. (1) Subject to subsection (3), for the purpose of
enabling the Corporation to defray expenditure properly chargeable to capital
account, including provision of working capital, the Minister of Finance may
make advances to the Corporation. | Advances, and guarantee of borrowings, by the
Government of The Bahamas. |
(2) Subject to
subsection (3), the Minister of Finance may guarantee, in such manner and on
such conditions as he may think fit, the repayment of the principal of, and the
payment of interest and other charges on, any authorised borrowings of the
Corporation made otherwise than by way of advance under the foregoing subsection. |
(3) No advances
shall be made and no guarantees shall be given under this section except in
accordance with the Financial Administration and Audit Act. |
(4) Where any sum
is issued for fulfilling such a guarantee, the Minister of Finance shall, as
soon as possible after the end of each financial year beginning with that in
which the sum is issued and ending with that in which all liability in respect
of the principal of the sum and in respect of interest thereon is finally
discharged, lay before each House of Parliament a statement relating to that
sum. |
10. (1) The Corporation shall make to the Minister, at
such times and in such manner as he may with the approval of the Minister of
Finance direct, payments of such amounts as he may so direct in or towards
repayment of advances made to the Corporation under the last foregoing section
and of any sums issued in fulfilment of any guarantee given thereunder, and
payments of interest on what is outstanding for the time being in respect of
such advances and of any sums so issued at such rate as he may so direct, and
different rates of interest may be directed as respects different advances or
sums and as respects interest for different periods. | Repayment of, and interest on, advances and sums
issued to meet guarantees. |
(2) The Minister
shall lay before each House of Parliament a statement of any payment due from
the Corporation under subsection (1) of this section which is not duly paid to
him as required thereunder. |
11. (1) Subject to subsection (2), any moneys standing
to the credit of the Corporation and not required for any current purpose (in
this section referred to as "surplus funds") may from time to time
either be carried to any reserve fund established under section 12 or be
invested by the Corporation in securities approved either generally or
specifically by the Minister; and the Corporation may from time to time, with
the like approval, sell any or all of any such securities. | Surplus funds. |
(2) No surplus
funds shall be carried to reserve or invested under subsection (1) without the
consent of the Minister of Finance, and the Minister of Finance may direct that
the whole or any part of any surplus funds be paid into the Consolidated Fund. |
12. (1) The Corporation shall establish a reserve
fund. | Reserve fund. |
(2) Subject to
subsection (3), the management of the said fund, the sums to be carried from
time to time to the credit thereof, and the application thereof, shall be as
the Corporation may determine: |
Provided that- |
(a) no part of
the said fund shall be applied otherwise than for the purposes of the
Corporation; and |
(b) the power
of the Minister to give directions to the Corporation shall extend to the
giving to it, with the approval of the Minister of Finance, of directions as to
any matter relating to the establishment or management of the said fund, the
carrying of sums to the credit thereof, or the application thereof,
notwithstanding that the directions may be of a specific character. |
(3) The Minister
of Finance may at any time direct that any part of the reserve fund established
under subsection (1) shall be paid into the Consolidated Fund. |
13. (1) It shall be the duty of the Corporation so to
exercise and perform its functions as to secure that its revenues are not less
than sufficient to meet all sums properly chargeable to its revenue accounts
(including, without prejudice to the generality of that expression, provisions
in respect of its obligations under the two last foregoing sections), taking
one year with another. | Balancing of revenue account, and surplus revenue. |
(2) Any excess of
the revenue of the Corporation for any financial year thereof over the sums
properly chargeable to its revenue account for that year (including as
aforesaid) shall be applied by the Corporation for such purposes as it may
determine with the approval of the Minister given with the consent of the
Minister of Finance. |
14. (1) The Corporation shall keep proper accounts and
other records in relation thereto, and shall prepare in respect of each
financial year of the Corporation a statement of accounts in such form as the
Minister may with the approval of the Minister of Finance direct, being a form
which shall conform with the best commercial standards. | Accounts and audit. |
(2) The Minister
shall lay a copy of every such statement before each House of Parliament,
together with a copy of any report made by the auditors on the statement or on
the accounts. |
FIRST SCHEDULE (Section 3) |
PROVISIONS
RELATING TO THE CONSTITUTION, ETC.,
OF THE HOTEL CORPORATION OF THE BAHAMAS |
1. (1) The
Corporation shall be a body corporate with power to sue or be sued in its
corporate name, and with perpetual succession and a common seal which shall be
judicially noticed. |
(2)
The Corporation shall consist of- |
(a) a chairman
appointed by the Governor-General and who shall hold office for such period as
may be specified in the instrument of appointment unless the appointment is
sooner revoked by the Governor-General; and |
(b) a deputy
chairman and such number of other members, not being less than three or more
than seven, as the Minister may from time to time determine. |
(3) The deputy
chairman and the other members of the Corporation shall be appointed by the
Minister (hereinafter referred to as the appointed
members) from amongst persons appearing to him to be qualified as having had
experience of, or having shown capacity in, matters relating to the hotel and
resort industry, finance, administration or organisation of workers. |
2. The Minister
may, by statutory instrument, make regulations with respect to- |
(a) the
appointment of the appointed members of the Corporation, and their tenure and
vacation of office; |
(b) the
execution of instruments and the mode of entering into contracts by and on
behalf of the Corporation, and the proof of documents purporting to be
executed, issued or signed by the Corporation or a member or officer thereof, |
and subject
to the provisions of any such regulations as aforesaid, the Corporation may
regulate its own procedure (including the manner in which matters subject to
the determination of the Corporation are to be determined by or on behalf of
the Corporation). |
3. The validity of
any proceeding of the Corporation shall not be affected by any vacancy amongst
the members thereof, or by any defect in the appointment of a member thereof. |
4.
The Chief Executive Officer or any other officer who is charged with the daily
responsibility of the Corporation shall be entitled to attend any meeting of
the Corporation, to take part in discussion of any matter other than such as
may concern him personally, but shall not be entitled to vote. |
5. The Corporation
shall pay to each member of the Corporation, in respect of his office as such,
such remuneration and allowances as may be determined by the Minister with the
consent of the Minister of Finance, and to the chairman and to the deputy
chairman, in respect of his office as such, such remuneration and allowances
(in addition to any remuneration or allowances to which he may be entitled in
respect of his office as a member) as may be so determined. |
6. If any member
of the Corporation, other than the chairman or the deputy chairman, is employed
about the affairs of the Corporation otherwise than as a member thereof, the
Corporation may pay to that member such remuneration and allowances (in
addition to any remuneration or allowances to which he may be entitled in
respect of his office as a member) as the Corporation may determine. |
7. The Corporation
shall- |
(a) pay to its
officers, servants and agents such remuneration as the Corporation may
determine; and |
(b) as regards
any officers, servants or agents in whose case it may be determined by the
Corporation with the approval of the Minister to make provision for the payment
on their death, injury or retirement of pensions, gratuities or other like
benefits, pay, or provide for the payment of such pensions, gratuities or other
like benefits to them or to others by reference to their service as may be so
determined. |
8. Provision for
pensions, gratuities or other like benefits under this Schedule may be made
either by contributory arrangements or partly by the one and partly by the
other. |
9. The Corporation
shall have power to do anything and to enter into any transaction (whether or
not involving expenditure, borrowing in accordance with the provisions of this
Act in that behalf, lending or investment of money, the acquisition of any
property or rights, or the disposal of any property or rights) which is
incidental or conducive to the exercise of its powers under this Act. |
10. It is hereby
declared that nothing in this Act exempts the Corporation from liability for
any tax, duty, rate, levy or other charge whatsoever. |
SECOND SCHEDULE (Section 4) |
DESCRIPTION OF
LANDS HELD BY THE CORPORATION
AND THE TITLES FOR WHICH THE LANDS ARE HELD |
1. ALL THAT
certain piece or parcel of land containing by admeasurement five acres and sixty-one
hundredths of an acre or thereabouts situate on West Bay Street in the Western
District of the Island of New Providence bounded on the NORTH by the Sea in
Goodman Bay at High Water Mark and running thereon foot hundred and
ninety-three (493) feet more or less on the EAST by land the property of
General Bahamian Companies Limited about to be conveyed to the Government of
The Bahamas and running thereon four hundred and forty-seven (447) feet more or
less on the SOUTH by West Bay Street and running thereon four hundred and
eighty-seven and sixty-six hundredths (487.66) feet and on the WEST by land
called and known as Sulgrave Manor and now or late the property of Sulgrave
Development Company Limited and running thereon five hundred and thirty-four
(534) feet more or less. |
2. ALL THAT
certain piece or parcel of land containing by admeasurement three acres and
thirty-four hundredths of an acre or thereabouts situate off West Bay Street in
the Western District of the Island of New Providence bounded on the NORTH by a
strip of land intended to be incorporated into West Bay Street and running
thereon four hundred and eighty-six and ninety hundredths (486.90) feet on the
EAST by land the property of General Bahamian Companies Limited about to be
conveyed to the Government of The Bahamas and running thereon three hundred and
three hundredths (300.03) feet on the SOUTH by other land the property of the
General Bahamian Companies Limited and running thereon four hundred and
eighty-three and eighty-one hundredths (483.81) feet and on the WEST by other
land the property of General Bahamian Companies Limited and running thereon
three hundred and fifteen and fifty-six hundredths (315.56) feet. |
3. ALL THAT
certain strip piece or parcel of land containing by admeasurement six thousand
six hundred and ninety-eight square feet or thereabouts situate on West Bay
Street on the Island of New Providence in The Bahamas ABUTTING AND BOUNDING to
the WEST on land now or late of Leisure Time Limited on which stands the
Sonesta Beach Hotel to the NORTH on the Sea in Goodman Bay to the EAST on land
now or late of General Bahamian Companies Limited (soon to be conveyed to the
Government of The Bahamas) and to the SOUTH on West Bay Street or however else
the same may abut and bound. |
4. ALL THAT tract
of land situate in the Western District of the Island of New Providence one of
the Islands of the said Commonwealth and known as "Emerald Beach"
comprising a portion of a larger tract of land which was formerly known as
"Hobby Horse Hall" and containing Twenty-two and Eighty-three
hundredths (22.83) acres more or less and bounded as follows Northwardly by the
Sea at High Water Mark on the Northern Coast of the said Island of New
Providence and running thereon One thousand Six hundred and Thirty-three
(1,633) feet more or less Eastwardly by the Western boundary of a tract of land
lately occupied by the Emerald Beach Bathing Club, Limited (and on which now
stands the building known as "The Nassau Beach Lodge") which is also
a portion of the said larger tract of land formerly known as "Hobby Horse
Hall" and running thereon Five Hundred and Sixty (560) feet more or less
Southwardly by the Northern boundary on West Bay Street (otherwise known as the
Western Road) and running thereon One thousand Six hundred and Thirty (1,630)
feet more or less and Westwardly by the Eastern boundary of a lot of land now
or formerly the property of the Estate of the late Arthur Stannard Vernay which
is also another portion of the said larger tract of land formerly known as
"Hobby Horse Hall" and running thereon Six hundred and Seventy-three
(673) feet more or less which said tract of land has such position boundaries
shape marks and dimensions as are shown on the diagram or plan drawn on the
back of the Crown Grant thereof to the Honourable Anthony Geoffrey Hopwood
Gardner-Brown Colonial Secretary of the said Commonwealth acting for and on
behalf of the Government of the said Commonwealth his heirs and assigns forever
dated the Third day of July, A.D., 1954 and now of record in the Registry of
Records of the said Commonwealth in Book A. 22 at page 16 and is delineated on
that part which is coloured Pink on the said diagram or plan. |
5. ALL THAT piece
or parcel of land being a portion of the land known as "Emerald
Beach" which forms part of a larger tract of land which was formerly known
as "Hobby Horse Hall" and situate between Bay Street and the Sea in
the area about Four (4) miles Westward of the City of Nassau in the Western
District of the said Island of New Providence the boundaries of which said
piece or parcel of land commence at that point on the Northern boundary of West
Bay Street which marks the Southeastern corner of land the property of the
Estate of the said late Arthur Stannard Vernay and extend thence along the
Northern boundary of West Bay Street South 57 degrees 22' 45" East One
thousand Six hundred and Thirty-one and Twenty-seven hundredths (1,631.27) feet
to a point which marks the Southwestern corner of a tract of land formerly
occupied by the said Emerald Beach Bathing Club, Limited (and on which now
stands the building known as "The Nassau Beach Lodge") thence along
the Southern boundary of the tract of Twenty-two and Eighty-three hundredths
(22.83) acres hereinbefore described in paragraph 1 of this Schedule North 75
degrees 20' 45" West One thousand Six hundred and Thirty (1,630) feet
thence along the Western boundary of the said tract of Twenty-two and
Eighty-three hundredths (22.83) acres North 25 degrees 43' 15" East Six
hundred and Seventy-three (673) feet to a point at High Water Mark on the
Northern coast of the said Island of New Providence thence along the said High
Water Mark in a Northwesterly direction for a distance of approximately
Seventeen and Thirty hundredths (17.30) feet to the Northeastern corner of the
said land the property of the Estate of the said late Arthur Stannard Vernay
thence along the Eastern boundary of the said land now or formerly the property
of the Estate of the said late Arthur Stannard Vernay South 24 degrees 24' 15"
West Six hundred and Seventy-six and Sixty-six hundredths (676.66) feet back to
the point of commencement and containing Sixteen hundredths (0.16) of an acre
more or less and which said piece or parcel of land has such position
boundaries shape marks and dimensions as are shown on the diagram or plan drawn
on the back of the Crown Grant thereof to the said the Honourable Anthony
Geoffrey Hopwood Gardner-Brown dated the Sixteenth day of October A.D., 1954
and now of record in the said Registry of Records in Book A.22 at page 22 and
is delineated on that part which is coloured Pink on the said diagram or plan. |
6. ALL THAT piece
parcel or tract of land situate approximately five miles West of the City of
Nassau in the Western District of the Island of New Providence in the
Commonwealth of The Bahamas containing by estimation eight and two tenths acres
or thereabouts comprising a portion of a width of about Thirty (30) feet of the
western part of Lot Number Twenty-four (24) and the whole of Lots numbered Twenty-five
(25) Twenty-six (26) Twenty-seven (27) and Twenty-eight (28) which Lots are a
portion of the area formerly known as "Chapman's" and distinguished
on a plan of lots of Cable Beach laid out by J. S. Johnson Company which plan
is dated 7th May 1923 and filed as Plan 21F of New Providence in the Department
of Lands and Surveys which said piece parcel or tract of land is bounded on the
North by the sea and runs thereon 450 feet more or less on the East by the Lots
numbered 2, 4, 6, 8, 10, 14 and 16 of what was formerly called the Coral Sound
Subdivision and runs thereon 850 feet more or less on the South by West Bay
Street and runs thereon 430 feet more or less and on the West by Lot Number
Twenty-nine (29) of the said lots laid out by J. S. Johnson Company and runs
thereon 700 feet more or less. |
7. ALL THAT piece
parcel or tract of land by estimation one and a half acres or thereabouts
comprising the whole of the lots numbered Two (2) Four (4) Six (6) Eight (8)
Ten (10) and a portion of the lot numbered Twelve ( 12) in a plan of lots
formerly called and known as Coral Sound Subdivision situate at Cable Beach in
the Western District of the Island of New Providence which said piece parcel or
tract of land is bounded on the North by other portion of the lot formerly
numbered Twelve (12) of the said Subdivision and running thereon 119.96 feet on
the East by Coral Road and running thereon 594 feet on the South by West Bay
Street and running thereon 119.96 feet and on the West by the First
Hereditaments and running thereon 598 feet. |
8. ALL THOSE two
pieces parcels or lots of land being portions of Block Number Twenty (20) in
the Subdivision called and known as Westward Villas situate in the Western
District of the Island of New Providence and being the Lots numbered One (1)
and Twelve (12) in the said Block and being more particularly delineated on the
plan marked "E" and annexed to the Conveyance recorded in the
Registry of Records in the City of Nassau in the Island of New Providence in
the Commonwealth of The Bahamas in Volume 1954 at pages 174 to 191 and thereon
coloured pink. |
9. ALL THAT piece
parcel or tract of land comprising the Lots Numbered Ten (10) and Eleven (11)
in Block Four (4) of the Subdivisions called and known as "Westward
Villas" which said piece parcel or tract of land is more particularly
delineated on the plan recorded at page 191 of Volume 1954 of Deeds and annexed
to the Conveyance recorded in The Registry of Records in Volume 1954 at pages
174 to 191 and delineated on the part of the said plan which is coloured blue. |
10. ALL THOSE
pieces parcels or lots of land comprising lots Six (6) Seven (7) Eight (8) Nine
(9) Twelve (12) Thirteen (13) and Forty-one (41) of Block Four (4) of the
Subdivision called and known as "Westward Villas" more particularly
delineated on the plan recorded at page 191 of Volume 1954 of Deeds and annexed
to the Conveyance recorded in the said Registry of Records in Volume 1964 at
pages 174 to 191 and delineated on those parts of the said plan which are
coloured green. |
11. ALL THAT piece
parcel or tract of land situate in the Western District of the Island of New
Providence aforesaid being Lot Number Four (4) in a plan of the Subdivision
dated January 1953 and laid out by Twenty-First Century Corporation Limited and
known as "Hibiscus Beach Estate" (hereinafter in this Schedule called
"Hibiscus Beach Estate") and being also a portion of Lot Number
Twenty-one (21 ) of an original Subdivision laid out by J. S. Johnson Company
and known as "Cable Beach" which said piece parcel or lot of land is
bounded on the North partly by a private road in "Hibiscus Beach
Estate" and running thereon Eighty-three and Seventy-two one hundredths
(83.72) feet and partly by a walkway and running thereon Four (4) feet on the
East partly by a private road or road reservation in "Hibiscus Beach
Estate" and running thereon One hundred and Twenty and Six one hundredths
(120.06) feet and partly by the said walkway and running thereon Twenty-five
and Thirty-two one hundredths (25.32) feet on the South by Lot Number Three (3)
of "Hibiscus Beach Estate" and running thereon Eighty-six and Sixteen
one hundredths (86.16) feet on the West by a private road in "Hibiscus
Beach Estate" and running thereon One hundred and Forty and Seventy-two
one hundredths (140.72) feet and on the Northwest by a private road in
"Hibiscus Beach Estate" and running thereon in an arc Fourteen and
Eighteen one hundredths ( 14.18) feet the said piece parcel or lot of land
being delineated on the plan annexed to an Indenture of Conveyance made the
13th day of December A.D., 1962 between The Twenty-First Century Corporation
Limited of the first part The Bank of Nova Scotia of the second part and Alice
Jessie Crowther of the third part and now of record in the Registry of Records
in the City of Nassau in Volume 365 at pages 68 to 88 and thereon coloured
pink. |
12. ALL THAT piece
parcel or lot of land containing by estimation One and Six tenths (1.6) Acres
or thereabouts situate in the Western District of the Island of New Providence
forming a portion of the tract of land formerly known as "Chapman's"
and now known as "Cable Beach" which said piece parcel or lot of land
comprises Lot Number Twenty-nine (29) in a plan of lots laid out by J. S.
Johnson Company and filed in the Department of Lands and Surveys of the
Commonwealth as No. 21 F and is bounded on the South by West Bay Street and
running thereon One hundred (100) Feet on the West by Lot Number Thirty (30) of
the said tract on the North by the Sea at the High Water Mark and running thereon
One hundred (100) Feet and on the East by Lot Number Twenty-eight (28) of the
said tract the property of Halcyon Balmoral Hotel (Nassau) Limited AND ALSO ALL
THAT piece parcel or lot of land containing by estimation One and Six tenths
(1.6) Acres or thereabouts situate in the Western District aforesaid which
comprises Lot Number Thirty (30) in the said plan hereinbefore mentioned and is
bounded on the South by West Bay Street and running thereon One hundred (100)
Feet on the West by a road known as Malcolm Avenue forming a part of the said
tract on the North by the Sea at the High Water Mark and running thereon One
hundred (100) Feet and on the East by Lot Number Twenty-nine (29) of the said
tract. |
13. ALL THAT
certain piece or parcel of land containing by admeasurement four acres and
eighty-one hundredths of an acre or thereabouts situate on West Bay Street in
the Island of New Providence in The Bahamas ABUTTING AND BOUNDING to the WEST
on lands now or late of the Government of The Bahamas on which stands the
Ambassador Beach Hotel and Country Club to the NORTH on the Sea in Goodman Bay
to the EAST on other lands of the Vendor and to the SOUTH on West Bay Street or
however else the same may abut and bound. |
14. ALL THAT
certain piece or parcel of land containing by admeasurement three acres and
forty-nine hundredths of an acre or thereabouts situate on West Bay Street in
the Island of New Providence in The Bahamas ABUTTING AND BOUNDING to the EAST
and SOUTH on other lands of the Vendor to the WEST on lands of the Government
of The Bahamas and to the NORTH on a strip of land reserved for future
integration into West Bay Street or however else the same may abut and bound. |
15. In fee simple
ALL that piece parcel or part of a tract of land of irregular shape situate in
the area known as Lucaya in Freeport in or near an area known as "Bell
Channel Bay" on the Island of Grand Bahama which said piece parcel or part
of a tract of land is bounded on the Southeast by the Sea at High Water Mark
and on all other sides by land the property of The Grand Bahama Development
Company Limited and containing in whole an area of sixteen and seven tenths
(16.7) acres more or less which said piece parcel or part of a tract of land
has such position boundaries shape marks and dimensions as are shown on the
diagram or plan attached to an Indenture of Conveyance dated the eighteenth day
of January, 1964 and made between The Grand Bahama Development Company Limited
of the first part The Royal Bank of Canada of the second part and The Lucayan
Beach Hotel Company Limited of the third part and now of record in the Registry
of Records in the City of Nassau in Volume 698 at pages 92 to 108 and thereon
coloured Pink. |
16. In fee simple
ALL that piece parcel or part of a tract of land situate near to and lying to
the West of the piece parcel or part of a tract of land described in paragraph
15 of this Schedule and containing an area of One and Twelve hundredths (1.12)
acres which said piece or parcel of land is bounded on all sides by land or
roads the property of The Grand Bahama Development Company Limited and having
the position boundaries shapes marks and dimensions as are shown on the diagram
or plan attached to the Indenture of Conveyance dated the eighteenth day of
January, 1964 and made between The Grand Bahama Development Company Limited of
the first part The Royal Bank of Canada of the second part and The Lucayan
Beach Hotel Company Limited of the third part and now of record in the Registry
of Records in the City of Nassau in Volume 698 at pages 92 to 108 and thereon
coloured Green. |
17. In fee simple
ALL that piece or parcel of land situate near to and lying to the West of the
pieces or parcels of land described in paragraphs 15 and 16 of this Schedule
and containing One and Seven hundred and Eighty-two thousandths (1.782) acres
which said piece or parcel of land is bounded NORTHEASTWARDLY by the Oceanus
Inn and Hotel and running thereon One hundred and Forty-eight and Three
hundredths (148.03) feet SOUTHEASTWARDLY by a road reservation and running
thereon in an arc One hundred and Fifty and Ninety-four hundredths (150.94)
feet SOUTHWARDLY by a Road known as Sea Horse Road and running thereon in an
arc One hundred and Fifty-two and Eighty-three hundredths (152.83) feet
WESTWARDLY by land now or formerly the property of Colony Rentals Limited and
running thereon One hundred and Twenty-eight and Eighty-six hundredths (128.86)
feet SOUTHWARDLY again by the said land now or formerly the property of Colony
Rentals Limits and running thereon Sixty (60) feet WESTWARDLY again by land now
or formerly the property of The Grand Bahama Development Company Limited and
running thereon Two hundred and Seventy-four and Forty-two hundredths (274.42)
feet and NORTHWARDLY by the said land the property of the Oceanus Inn and Hotel
and running thereon Two hundred and Eighty and Fifty-seven hundredths (280.57)
feet which said piece parcel or lot of land has such position shape marks
boundaries and dimensions as are shown on the diagram or plan attached to an
Indenture of Conveyance dated the twenty-second day of October, 1976 and made
between Lucayan Beach Hotel and Development Limited of the first part Montreal
Trust Company (Bahamas) Limited of the second part and The Hotel Corporation of
The Bahamas of the third part and now of record in the Registry of Records in
the City of Nassau in Volume 2769 at pages 80 to 92 and thereon coloured Pink. |
18. In fee simple
ALL that piece parcel or part of a tract of land situate in the area known as
Lucaya in Freeport on the Northerly side of "Bell Channel Bay" on the
Island of Grand Bahama and containing an area of Eight hundred and Sixty-two
thousandths (0.862) of an acre more or less which said piece parcel or part of
a tract of land has such position boundaries shape marks and dimensions as are
shown on the diagram or plan attached to an Indenture of Conveyance dated the
first day of December, 1966 and made between The Grand Bahama Development
Company Limited of the one part and Daylite of Grand Bahama Company Limited of
the other part and is delineated on that part of the said diagram or plan which
has endorsed thereon (inter alia) the words letters and figures
"Parcel A 0.862 Ac." and is thereon edged with the colour Green. |
19. In fee simple
ALL that piece or parcel of land situate in the area known as Lucaya in
Freeport in or near the area known as Bell Channel Bay on the Island of Grand
Bahama containing an area of Six and Eleven hundredths (6.11) acres more or
less which said piece or parcel of land is more particularly delineated on the
diagram or plan attached to an Indenture of Conveyance dated the Thirtieth day
of December, 1966 and made between The Grand Bahama Development Company Limited
of the one part and Bell Channel Villas and Marina Company Limited of the other
part and now of record in the Registry of Records in the City of Nassau in
Volume 1319 at pages 170 to 181 and is thereon edged with the colour Yellow. |
20. In fee simple
ALL that piece parcel or strip of land situate in the area known as Lucaya in
Freeport in or near the area known as Bell Channel Bay on the Island of Grand
Bahama being a portion of a road reservation and being Thirty (30) feet wide
and containing One hundred and Eighty thousandths (0.180) of an acre which said
piece parcel or strip of land is more particularly delineated on the diagram or
plan attached to an Indenture of Conveyance dated the Twenty-eighth day of
December, 1966 and made between The Grand Bahama Development Company Limited of
the one part and Bell Channel Villas and Marina Company Limited of the other
part and now of record in the Registry of Records in the City of Nassau in
Volume 1319 at pages 182 to 192 and is thereon hatched in Red. |
21. In fee simple
ALL that piece parcel or strip of land situate in the area known as Lucaya in
Freeport in or near the area known as Bell Channel Bay on the Island of Grand
Bahama being a portion of a road reservation and being Thirty (30) feet wide
and containing Sixty-one thousandths (0.061) of an acre which said piece parcel
or strip of land is more particularly delineated on the diagram or plan
attached to an Indenture of Conveyance dated the Twenty-eighth day of December,
1966 and made between The Grand Bahama Development Company Limited of the one
part and Bell Channel Villas and Marina Company Limited of the other part and
now of record in the Registry of Records in the City of Nassau in Volume 1319
at pages 182 to 192 and is thereon hatched in Yellow. |
22. In fee simple
ALL that piece or parcel of land situate in the area known as Lucaya in
Freeport in or near the area known as Bell Channel Bay on the Island of Grand
Bahama containing an area of One and Sixty-nine hundredths (1.69) acres more or
less which said piece or parcel of land is more particularly delineated on the
diagram or plan attached to an Indenture of Conveyance dated the Twenty-eighth
day of December, 1966 and made between The Grand Bahama Development Company
Limited of the one part and Bell Channel Villas and Marina Company Limited of
the other part and now of record in the Registry of Records in the City of
Nassau in Volume 1307 at pages 505 to 516 and is thereon edged with the colour
Red. |
23. In fee simple
ALL that piece parcel or strip of land situate in the vicinity of Bell Channel
Bay Unit 3 at Lucaya in Freeport on the Island of Grand Bahama being a portion
of a road reservation and being Thirty (30) feet wide and containing One
hundred and Eighty-eight thousandths (0.188) of an acre which said piece parcel
or strip of land is more particularly delineated on the diagram or plan
attached to an Indenture of Conveyance dated the first day of October, 1966 and
made between The Grand Bahama Development Company Limited of the one part and
Lucayan Marina Limited of the other part and now of record in the Registry of
Records in the City of Nassau in Volume 1319 at pages 282 to 292 and is thereon
hatched with the colour Green. |
24. In fee simple
ALL that piece parcel or strip of land situate in the vicinity of Bell Channel
Bay Unit 3 at Lucaya in Freeport on the Island of Grand Bahama being a portion
of a road reservation and being Thirty (30) feet wide and containing
Sixty-three thousandths (0.063) of an acre which said piece parcel or strip of
land is more particularly delineated on the diagram or plan attached to an
Indenture of Conveyance dated the first day of October, 1966 and made between
The Grand Bahama Development Company Limited of the one part and Lucayan Marina
Limited of the other part and now of record in the Registry of Records in the
City of Nassau in Volume 1319 at pages 282 to 292 and is thereon hatched with
the colour Orange. |
25. In fee simple
ALL that piece parcel or strip of land situate in the vicinity of Bell Channel
Bay Unit 3 at Lucaya in Freeport on the Island of Grand Bahama and containing
an area of approximately Four hundred and Ninety-eight thousandths (0.498) of
an acre which said piece parcel or strip of land is more particularly
delineated on an Indenture of Conveyance dated the first day of October, 1966
and made between The Grand Bahama Development Company Limited of the one part
and The Lucayan Marina Limited of the other part and now of record in the
Registry of Records in the City of Nassau in Volume 1319 at pages 260 to 268
and is thereon coloured Orange. |
26. In fee simple
ALL those pieces parcels or lots of land situate in Unit Two (2) of the Yeoman
Wood Subdivision lying to the East of Freeport on the Island of Grand Bahama
and comprising Lots Numbers Two (2), Three (3), Four (4), Five (5), Six (6),
Seven (7), Eight (8), Nine (9), Nine A (9A), Ten (10), Ten A (10A), Eleven
(11), Eleven A (11A), Twelve (12), Twelve A (12A), Thirteen (13), Thirteen A
(13A), Fourteen (14), Fourteen A (14A), Fifteen (15) and Fifteen A (15A), of
Block Number Fifty-six (56) thereof all of which said pieces parcels and lots
of land have such positions boundaries shapes marks and dimensions as are shown
on the diagrams or plans attached to an Indenture of Conveyance dated the
Seventeenth day of June, 1964 and made between The Grand Bahama Development
Company Limited of the one part and Daylite of Grand Bahama Company Limited of
the other part and now of record in the Registry of Records in the City of
Nassau in Volume 827 at pages 94 to 113 and are thereon coloured Pink. |
27. In fee simple
ALL those irregularly shaped parcels of land originally planned to be laid out
as roadways upon which front Lots Numbers Three (3), Four (4), Five (5), Six
(6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen
(13) and Fourteen (14) all of which said pieces parcels and lots of land have
such positions boundaries shapes marks and dimensions as are shown on the
diagram or plans attached to an Indenture of Conveyance dated the Seventeenth
day of June, 1964 and made between The Grand Bahama Development Company Limited
of the one part and Daylite of Grand Bahama Company Limited of the other part
and now of record in the Registry of Records in the City of Nassau in Volume
827 at pages 94 to 113 and are thereon coloured Pink. |
28. In fee simple
ALL those pieces parcels or lots of land situate in Unit One (1) of the Yeoman
Wood Subdivision and comprising Lots Numbers Eleven (11), Eleven A (11A),
Twelve (12), Twelve A (12A), Thirteen (13), Thirteen A (13A), Fourteen (14),
Fourteen A (14A), Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18)
of Block Number Twenty-two (22) thereof all of which said pieces parcels or
lots of land have such positions boundaries shapes marks and dimensions as are
shown on the diagram or plan attached to an Indenture of Conveyance dated the
Seventeenth day of June, 1964 and made between The Grand Bahama Development
Company Limited of the one part and Daylite of Grand Bahama Company Limited of
the other part and now of record in the Registry of Records in the City of
Nassau in Volume 827 at pages 133 to 153 and are thereon coloured Pink. |
29. In fee simple
ALL those irregularly shaped parcels of land originally planned to be laid out
as roadways lying respectively between Lots Numbers Eleven (11), Twelve (12),
Seventeen (17) and Eighteen (18) and between Lots Numbers Thirteen (13),
Fourteen (14), Fifteen (15) and Sixteen (16) all of which said pieces parcels
and lots of land have such positions boundaries shapes marks and dimensions as are
shown on the diagram or plan attached to an Indenture of Conveyance dated the
Seventeenth day of June, 1964 and made between The Grand Bahama Development
Company Limited of the one part and Daylite of Grand Bahama Company Limited of
the other part and now of record in the Registry of Records in the City of
Nassau in Volume 827 at pages 133 to 153 and are thereon coloured Pink. |
30. In fee simple
ALL those pieces parcels or lots of land situate in Unit One (1) of the Yeoman
Wood Subdivision and comprising Lots Numbers Nine (9), Ten (10), Eleven (11),
Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16) of
Block Number Twenty-three (23) thereof all of which said pieces parcels or lots
of land have such positions boundaries shapes marks and dimensions as are shown
on the diagram or plan attached to an Indenture of Conveyance dated the
Seventeenth day of June, 1964 and made between The Grand Bahama Development
Company Limited of the one part and Daylite of Grand Bahama Company Limited of
the other part and now of record in the Registry of Records in the City of
Nassau in Volume 827 at pages 114 to 132 and are shown thereon coloured Pink. |
31. In fee simple
ALL those irregularly shaped parcels of land originally planned to be laid out
as roadways and lying respectively between Lots Numbers Nine (9), Ten (10),
Fifteen (15), Sixteen (16) and Eleven (11), Twelve (12), Thirteen (13) and
Fourteen (14) which said pieces parcels or lots of land have such positions
boundaries shapes marks and dimensions as are shown on the diagram or plan
attached to an Indenture of Conveyance dated the Seventeenth day of June, 1964
and made between The Grand Bahama Development Company Limited of the one part
and Daylite of Grand Bahama Company Limited of the other part and now of record
in the Registry of Records in the City of Nassau in Volume 827 at pages 114 to
132 and are shown coloured Pink. |
32. In fee simple
ALL those pieces parcels or lots of land situate in Unit Two (2) of the Yeoman
Wood Subdivision and comprising Lots Numbers One (1), Six (6), Six A (6A),
Seven (7), Seven A (7A), Eight (8), Eight A (8A), Nine (9), Ten ( 10), Eleven
(11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16),
Seventeen (17) and Eighteen (18) of Block Fifty-two (52) thereof all of which
said pieces parcels or lots of land have such positions boundaries shapes marks
and dimensions as are shown on the diagrams or plans attached to an Indenture
of Conveyance dated the Seventeenth day of June, 1964 and made between The
Grand Bahama Development Company Limited of the one part and Daylite of Grand
Bahama Company Limited of the other part and now of record in the Registry of
Records in the City of Nassau in Volume 791 at pages 576 to 595 and are thereon
coloured Pink. |
33. In fee simple
ALL that irregularly shaped parcel of land originally planned to be laid out as
a roadway named Beaconsfield Place upon which front Lots Numbers One (1), Six
(6), Seven (7), Eight (8), Nine (9), Ten (10) and Eleven (11) of Block Fifty-two
all of which said pieces parcels and lots of land have such positions
boundaries shapes marks and dimensions as are shown on the diagrams or plans
attached to an Indenture of Conveyance dated the Seventeenth day of June, 1964
and made between The Grand Bahama Development Company Limited of the one part
and Daylite of Grand Bahama Company Limited of the other part and now of record
in the Registry of Records in the City of Nassau in Volume 791 at pages 576 to
595 and are thereon coloured Pink. |
34. For the unexpired
residue of the term of Ninety-nine (99) years ALL that piece or parcel of land
situate in the vicinity of Bell Channel Bay at Lucaya in Freeport on the Island
of Grand Bahama at present covered with water and used as a marina or yacht
basin which said piece or parcel of land contains an area of approximately Nine
and Sixty-eight hundredths (9.68) acres and is more particularly delineated on
the diagram or plan attached to an Indenture of Lease dated the first day of
October, 1966 and made between The Grand Bahama Development Company Limited of
the one part and Lucayan Marina Limited of the other part and now of record in
the Registry of Records in the City of Nassau in Volume 1319 at pages 304 to
315 and is thereon edged with the colour Blue and marked "Parcel C 9.68
acres". |
35. For the term
of Five (5) years from the first day of January, 1978 ALL that piece parcel or
tract of land situate at Freeport on the Island of Grand Bahama containing Two
and Four hundred and Ninety-three thousandths (2.493) acres on the North side
of West Sunrise Highway which said piece parcel or tract of land has such
position boundaries shapes marks and dimensions as are shown on the diagram or
plan attached to an Indenture of Lease dated the first day of September, 1978
and made between The Grand Bahama Service Company Limited of the one part and
The Hotel Corporation of The Bahamas of the second part and is delineated on
that part which is coloured Pink on the said diagram or plan. |
36. For the term
of Ten (10) years commencing the first day of January, 1978 ALL that building
situate on Paradise Island in the City of Nassau in the Island of New
Providence known as the Paradise Island Casino having a total inside area of
Thirty thousand four hundred and forty two (30,442) square feet and which has
such dimensions boundaries shape and appearance as are shown on a plan prepared
by Chee-A-Tow and Company limited dated November, 1977 which plan is annexed to
an Indenture of Lease dated the twenty-third day of May, 1978 and made between
Paradise Realty Limited of the one part and The Hotel Corporation of The
Bahamas of the other part. |
37. For the term
of Ten (10) years commencing the first day of April, 1978 ALL those pieces
parcels or tracts of land situate at Bell Channel Bay Subdivision Unit 3 Lucaya
on the Island of Grand Bahama known as Tracts "L" and "M"
and containing Sixty-eight hundredths (0.68) of an acre and Five and Thirty one
hundredths (5.31) acres respectively which said pieces or tracts of land have
such positions boundaries shapes marks and dimensions as are shown on the
diagram or plan attached to an Indenture of Lease dated the Twentieth day of
January, 1979 and made between The Grand Bahama Development Company Limited of
the one part and The Hotel Corporation of The Bahamas of the other part and
coloured Pink on the said diagram or plan. |
38. In fee simple
ALL that piece parcel or part of a tract of land situate on the Southern Shore
of the Island of Grand Bahama containing an area of Six and Ninety-nine
hundredths (6.99) acres more or less which said piece parcel or part of a tract
of land known as Tract A has such positions boundaries shapes marks and
dimensions as are shown on the diagram or plan attached to a Conveyance. dated
the Tenth day of January, 1979 and made between The Grand Bahama Development
Company Limited of the first part and the Hotel Corporation of The Bahamas of
the second part and now of record in the Registry of Records in the City of
Nassau in Volume 3045 at pages 462 to 473 and coloured Pink on the said diagram
or plan. |
39.
In fee simple ALL that certain piece parcel or lot of land containing by
admeasurement two acres and four hundred and ninety-three thousandths of an
acre (2.493) acres or thereabouts being the lot numbered 11 situate in Block
"M" in the "Central Area" of the city of Freeport in the
Island of Grand Bahama, one of the Islands of the Commonwealth of The Bahamas,
which said piece parcel or lot of land has the position, boundaries, shapes and
dimensions as are shown on the plan attached to an Indenture dated the first
day of January 1983 and made between the Grand Bahama Service Company Limited
of the one part and The Hotel Corporation of The Bahamas of the other part. |
40.
In fee simple ALL that piece or parcel of land containing by admeasurement ten
acres and one hundred and sixteen thousandths of an acre (10.116 acres) or
thereabouts and being a portion of a larger tract of land originally granted by
the Crown to one Daniel Driggs and recorded at page 56 of Crown Grant Book F in
the Lands and Surveys Department of the Commonwealth of The Bahamas and situate
between the settlements of Driggs Hill and Long Bay Cays in the southern part
of the Island of Andros one of the Islands of the Commonwealth of The Bahamas
and bounded NORTHWARDLY by another portion of the said larger tract of land and
running thereon eight hundred and seventy-five and seventeen hundredths
(875.17) feet more or less EASTWARDLY by the Sea at High Water Mark and running
thereon four hundred and ninety and ninety-seven hundredths (490.97) feet more
or less SOUTHWARDLY by another part of the said larger tract of land and
running thereon nine hundred and forty-seven and seventy-six hundredths
(947.76) feet and WESTWARDLY by the Main Public Road and running thereon five
hundred and twelve and forty-nine hundredths (512.49) feet more or less. |
41.
In fee simple ALL those pieces parcels or tracts of land situate at Ocean Bight
at the Island of Great Exuma, one of the Islands of the Commonwealth of The
Bahamas which said pieces parcels or tracts of land form part of Crown Grants
to Ocean Bight Development Company Limited, (the plans for which are recorded
at the Registry of Records in Volume 1317 at pages 493 and 496 respectively)
together with any accretions thereto to which the said Company may be entitled
excepting therefrom lots 42, 44, 45, 46, 51, 52, 53, 55 and 59 of Ocean Bight
Subdivision and an area known as "The Cabana Area". |
42.
For a term of six years from the first day of January 1987 or until The Hotel
Corporation of The Bahamas ceases to be the owner of EL Casino, whichever is
the earlier date, the right to use for the purpose of parking ALL that piece
parcel or lot of land containing by admeasurement two acres and one hundred and
forty-two thousandths of an acre (2.142) or thereabouts known as lot 10,
situate in Block "M" in the "Central Area" of Freeport, in
the Island of Grand Bahama, one of the Islands of the Commonwealth of The
Bahamas which said piece parcel or lot of land has the position, boundaries,
shapes and dimensions as are shown on the plan attached to an Agreement dated
the first day of January 1987 and made between the Grand Bahama Service Company
Limited of the one part and The Hotel Corporation of The Bahamas of the other
part. |