Issa: Baha Mar blocking Breezes expansion

Mon, Oct 13th 2014, 10:46 PM

SuperClubs Breezes (Breezes) says the multi-billion-dollar Baha Mar mega resort is preventing Breezes from completing an expansion prior to Baha Mar's opening. The all-inclusive resort is attempting to stop Baha Mar from building on land the all-inclusive says it owns, and each resort has sued the other in connection with the land.
Breezes made the charges in a lawsuit filed in the Supreme Court last week asking for an injunction to stop Baha Mar from completing certain ongoing projects. In its simplest terms, the two sides had agreed - it would seem - that in exchange for its land in the middle of Baha Mar's proposed development, Breezes would be given land on the other side of the resort. That cooperative attitude appears to have evaporated.
Breezes is now claiming that Baha Mar secretly demolished its waste-water treatment plant (WWTP) - which sat on some of the contested land - and has begun what
appears to be the construction of a building there.
Asked for comment, a Baha Mar spokesperson noted only that the company's policy is not to comment on litigation.
Guardian Business has obtained an affidavit sworn out in support of the lawsuit, in which Breezes owner - and now Bahamas permanent resident - John Issa alleged that on September 18, 2011, Breezes and Baha Mar signed a letter of intent (LOI) outlining Breezes' agreement to assist Baha Mar to achieve its plans. A copy of the letter is attached to the affidavit.
"Although this project would dwarf Breezes, we regarded it as potentially
mutually beneficial," Issa said. ""The LOI was the culmination of years of previous negotiations and agreements dating back to April of 2006, not long after the conceptual stage of Baha Mar's project was made public."
"Indeed, without the cooperation of Breezes, the (Baha Mar) project was a non-starter. Breezes was the fee simple owner in possession of 0.66 acres of land at the epicenter of Baha Mar's planned hotel where Breezes owned and operated its then Existing Waste Water Treatment Plant," he added.
"A sewerage plant smack dab in the middle of Baha Mar's new hotel would, to say the least, be difficult for guests of Baha Mar to swallow, let alone stomach."
Of the sewerage plant itself, Issa says it was "secretly and unlawfully demolished by Baha Mar, I believe sometime late in July of 2013".
"Baha Mar have simply helped themselves to Breezes' property, destroyed the existing WWTP, and built part of Baha Mar's project on it, presumably on the assumption that 'Might is Right'! Notwithstanding Baha Mar's conduct complained of herein, Baha Mar has also had the unmitigated gall and shameless audacity, in an effort, presumably, to give some cover of legitimacy to their high-handed and brazen conduct, to issue a writ against Breezes on July 12, 2013," Issa said.
" I consider this to be nothing more than a misconceived, shallow and transparent attempt to whitewash Baha Mar's egregious and unlawful conduct."
Issa said the application for an injunction was "necessary and urgent" because Baha Mar "continues to act unlawfully and in a high-handed and egregious fashion towards Breezes; has escalated its unlawful behavior to actions which prejudice Breezes; continues to act in breach of the terms of the LOI; continues to trespass on various Breezes' properties, (and) remains silent and unresponsive or insufficiently responsive on a number of title and other issues raised by Breezes in its efforts to complete the LOI".
The Breezes chief said Baha Mar's so-called pattern of behavior suggests Baha Mar either cannot complete the LOI or is intentionally delaying completion, "and or intends to string Breezes along preventing Breezes from enjoying the benefits Breezes thought they would derive under the LOI, whilst at the same time progressively taking by force and unlawful means more and more of Breezes' property".

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