The Tribune

By DENISE MAYCOCK and BARBARA WALKIN

Tribune Freeport Reporter

dmaycock@tribunemedia.net

DEMOLITION of the Port Lucaya Marina was abruptly halted just one day after work began after the Grand Bahama Port Authority issued a stop-work order amid unresolved questions over the legal transfer of the marina’s seabed lease.

Bahamas Land and Waterways, the marina’s new developer, received the notice from the GBPA’s Inspection Department on Friday, disrupting the opening phase of a $21m redevelopment intended to transform the deteriorated facility.

Frank Delancy, managing director of Bahamas Land and Waterways, disputed the order, saying it referred to repair work even though the company was demolishing the existing marina.

“I explained to the personnel at the Inspection Department that we're not doing repairs. We are actually doing demolition,” Mr Delancy said. “They were very overzealous in issuing that, and if you look at the stop-work order, it says repairs when we're doing demolition.”

The dispute widened on Monday when the Grand Bahama Development Company said it remained the landlord under the marina’s seabed lease and had not received the legal documents needed to recognise its new owners or their authorised representatives.

DEVCO said the lease remains in force and requires any change in beneficial ownership to be formally disclosed.

“While we understand that the property has been sold by third parties, DEVCO has not yet received the legal documentation confirming the new ownership or identifying the individuals authorized to act on behalf of the owner,” the company said.

DEVCO said its request was a routine legal and administrative requirement under the lease rather than an objection to the redevelopment.

“Our only requirement, as stated in our lease agreement, is that we receive the necessary legal documentation so that we can recognize the properly authorized party and fulfill our obligations under the lease,” it said. “This is a standard legal and administrative process that is common to landlord and tenant relationships. The new owners of the Port Lucaya Marina are not exempt from this requirement.”

Executive Marine Management announced on Thursday that demolition had begun, marking the first phase of the proposed redevelopment.

Mr Delancy said Bahamas Land and Waterways had informed the GBPA of its plans well before work started and that Executive Marine Management applied for the necessary permit about eight or nine days earlier.

He said the contractor received verbal approval and was given a permit number, with the formal permit expected to be processed later.

“We kept in communication through the contractor, which is a very reputable contractor, and they've done things of this nature before,” Mr Delancy said. “They applied for the permit. They were given a verbal approval, with the permit number to be processed later. However, that did not happen, but we were told to commence the work.”

Mr Delancy said communication with the Port Authority continued through last Wednesday, when the company was verbally cleared to proceed.

He said no GBPA representatives visited the site to prevent the demolition from starting, despite the work being publicly announced.

Mr Delancy said the company did not view the dispute as a broader conflict with the GBPA and wanted the issue resolved quickly so the redevelopment could continue.

He said Bahamas Land and Waterways planned to meet GBPA officials this week.

Charisse Brown, president of GB DEVCO, said the company welcomed the proposed investment and had no objection to the planned work.

“We welcome the planned investment in and improvement of the marina,” Ms Brown said. “Enhancements to this important asset are positive for Port Lucaya, Grand Bahama, and the wider economy. DEVCO has no objection to the proposed works and is committed to supporting responsible development.”

Ms Brown said there appeared to be “some misunderstanding and misinformation” surrounding the marina dispute.

She said DEVCO would work with the new owners to secure the necessary approvals and advance the project once the required legal documents were submitted.

Mr Delancy said demolition was expected to take between four and six weeks. The company would then await the arrival of new dock infrastructure before beginning installation.

“We just want to get this development started because we know the state of Grand Bahama, so we're trying to do things in order to progress forward with this development,” he said.