236 Hawksbill Creek, Grand Bahama (deep Water Harbour And Industrial Area) (amendment Of Agreement)

• Author: Ralph Hone
• Pages: #5

CHAPTER 236.

HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER HARBOUR AND INDUSTRIAL AREA) (AMENDMENT OF AGREEMENT).

AN ACT TO AUTHORISE THE ENTERING INTO OF AN 18 of 1960.

AGREEMENT WITH THE GRAND BAHAMA PORT AUTHORITY, LIMITED, AMENDING AND EXTENDING THE EXISTING AGREEMENT WITH THAT COMPANY, DATED THE 4TH DAY OF AUGUST, A.D., 1955.

[9th June 1960.1

1. This Act may be cited as The Hawksbill Creek, short title.

   Grand Bahama (Deep Water Harbour and Industrial Area) (Amendment of Agreement) Act.

2. The Governor in Council is hereby authorised, Governor in at any time within six months after the coming into toried to operation of this Act, to enter into an Agreement, enter into substantially in the form set out in the Schedule hereto, Agreement with The Grand Bahama Port Authority, Limited, a Company incorporated in the Colony.

3. The Public Seal of the Colony shall be affixed Agreement to to the said Agreement and the same shall be signed Public eal.

   by and on behalf of the Governor in Council by the Governor.

   SCHEDULE.

   BAHAMA ISLANDS NEW PROVIDENCE.

   THIS AGREEMENT made the day of, A.D., 1960 BETWEEN His Excellency Sir Oswald Raynor Arthur, K.C.M.G., C.V.O., Governor and Commander-in-Chief in and over the Bahama Islands acting for and on behalf of the Government of the Bahama Islands (who and whose successors in office for the time being are hereinafter included in the term 'the Government') of the one part AND The Grand Bahama Port Authority, Limited a company incorporated under the laws of the said Bahama Islands and carrying on business within the Colony (hereinafter called 'the Port Authority',

   which expression where the context so admits shall include their assigns) of the other part WHEREAS: (A) This Agreement is supplemental to an Agreement (hereinafter referred to as 'the Principal Agreement') dated the Fourth day of August, A.D., 1955 and made between His Excellency the Honourable Anthony Geoffrey Hopwood Gardner-Brown, Acting Governor and Commander-in-Chief in and over the Bahama Islands acting for and on behalf of the Government of the Bahama Islands of the one part and the Port Authority of the other part;

   (B) The Port Authority (as the Government hereby acknowledges) duly completed to the satisfaction of the Government the dredging of the channels and turning basin and the construction of the wharf specified in sub-clause (1) of Clause 1 of the Principal Agreement and have up to the date hereof duly observed and performed all their other obligations under or in respect of the Principal Agreement;

   (C) The Government and the Port Authority are satisfied that it would be for the economic benefit of the Colony that other businesses and enterprises than those primarily envisaged by the Principal Agreement should be created and developed on the Island of Grand Bahama;

   (D) The Port Authority have agreed to enter into the covenant on their part hereinafter contained relative to the construction of first-class de luxe resort hotel accommodation of not less than Two hundred (200) bedrooms with all reasonable amenities within the Port Area (as that expression is used in the Principal Agreement);

   (E) The Government is satisfied that it is desirable for the purposes of encouraging and facilitating such further development on the said Island and of ensuring the proper and efficient administration thereof and also for the purposes of clarifying certain questions of construction arising on the Principal Agreement that the provisions of the Principal Agreement should be amended in manner hereinafter appearing and that such further agreements should be made as are hereinafter contained; and (F) The only persons firms and companies up to the date hereof licensed under the Principal Agreement as specified by subclause 8 of Clause 3 thereof are the persons firms and companies whose names are contained in the Schedule hereto and all such persons firms and companies have consented (as testified by their respective execution of these presents) to the amendments to the Principal Agreement hereinafter contained and the other provisions of these presents;

   NOW THIS AGREEMENT made in consideration of the premises WITNESSETH as follows:-1.-(1) The Port Authority hereby covenant with the Government that unless prevented from so doing by Act of God, insurrec tion, riots, civil commotion, war or warlike operations, strikes, lockouts, force majeure, or any unforeseen or extraordinary circumstances which may be reasonably considered to be beyond the control of the Port Authority (including the inability of the Port Authority to obtain or employ the necessary labour or to obtain or secure the necessary materials) they will on or before the Thirtyfirst day of...