Special Closed Council Meeting:
1. Glen Valley Properties for Sale
Whereas:
1. Council desires to acquire land and construct a new Community Centre that
will contain a pool and ice arena in downtown Aldergrove;
2. In order to construct and operate a new Community Centre funds need to
be raised, and to facilitate that, Council has directed that certain surplus
lands be disposed of and marketed for sale;
3. Concerns were raised in the Community about the proposed disposition of
some of the surplus lands in Glen Valley parcels north of the Gray Pit
Lands, which, while not part of Gray Pit, are commonly referred to as the
Gray Pit Lands, including five lots having the following legal descriptions:
a) Lot 12 - PID: 012-266-329
District Lot 320 Group 2 New Westminster District Plan 1560
b) Lot 13 - PID: 008-386-706
District Lot 327 Group 2 New Westminster District Plan 1560
c) Lot 14 - PID: 012-266-345
District Lot 320 Group 2 New Westminster District Plan 1560
d) Lot 15 - PID: 012-266-361
District Lot 320 Group 2 New Westminster District Plan 1560
e) Lot 16 - PID: 012-266-370
District Lot 320 Group 2 New Westminster District Plan 1560
(together, such five (5) lots being the Gray Pit Lands)
4. The Township is fortunate to have significant passive park and green space
holdings that include hundreds of acres in Ponder Park, the West Creek
Lands, the Milaster property and thousands of acres of Regional parks, and
must find a balance between the requests for green space with other
community needs;
5. The Gray Pit Lands consist of five lots, and each lot has an appraised value
of approximately six hundred thousand dollars ($600,000.00) for a total
combined value of approximately three million dollars ($3,000,000.00);
6. After due consideration of public concern raised regarding the Gray Pit
Lands, the Gray Pit Lands were marketed for sale on the Multiple Listing
Service (MLS) for in excess of thirty days;
7. A public interest group known as Watchers of Langley Forest (W.O.L.F.)
submitted a letter of intent to Council dated September 5, 2012 to acquire
the Gray Pit Lands for fair market value on the following terms:
a) the Gray Pit Lands shall be owned/purchased by W.O.L.F.;
b) the Gray Pit Lands shall be protected and conserved for park,
trail, education, and recreational purposes in perpetuity;
c) W.O.L.F. to provide a ten thousand dollar ($10,000.00)
refundable deposit to enter into a preliminary agreement to
preserve the Gray Pit Lands.
8. Council had originally anticipated that community groups would also raise
funds to retain the McLellan Forest lands for public purposes and that
understanding appears to be uncertain;
9. In order to facilitate the construction of the new Community Centre
(including a pool and ice arena) in downtown Aldergrove, Council desires to
provide W.O.L.F. with an option to purchase all of the Gray Pit Lands (the
Option) for the fair market value of three million dollars ($3,000,000.00) (the
Purchase Price) and otherwise upon the following terms and conditions
(without limitation) to be included in a purchase option agreement (the
Purchase Option Agreement) to be entered into between W.O.L.F. and
the Township on or before November 17, 2012:
a) It shall be a condition precedent to the Option and obligations
under the Purchase Option Agreement that:
i. W.O.L.F. shall pay to the Township a ten thousand
dollar ($10,000.00) refundable deposit on or before
October 3, 2012; and
ii. W.O.L.F. shall provide evidence satisfactory to the
Township that W.O.L.F. is a society duly incorporated
in British Columbia pursuant to the Society Act,
RSBC 1996, ch. 433.
b) The Purchase Price shall be payable by W.O.L.F. on or before
November 17, 2012.
c) W.O.L.F. shall covenant to preserve the Gray Pit Lands and
trees located thereon for public park, trail, education and
recreational purposes in perpetuity and otherwise upon terms
and conditions satisfactory to the Township, including without
limitation, registration of restrictive covenants, reverter rights
and/or other relevant charges upon title to the Gray Pit Lands in
respect of such preservation, purposes and use of the Gray Pit
Lands.
d) In the event of the dissolution or insolvency of W.O.L.F. and/or a
breach of W.O.L.F.’s obligation to preserve or ensure the
preservation of the Gray Pit Lands and trees as described above
in sub-paragraph (c), ownership of the Gray Pit Lands shall
revert to the Township of Langley.
e) The Option and the Purchase Option Agreement shall not be
assignable by W.O.L.F. without the prior written consent of the
Township, in their sole discretion as evidenced by a duly adopted
resolution of Council.
10. In the event that W.O.L.F. does not exercise the Option and/or pay the
Purchase Price on or before November 17, 2012 in accordance with the
terms of the Purchase Option Agreement for any reason, the Township may
proceed with the direction provided in previous council resolutions to
dispose of the Gray Pit Lands that were marketed for sale in accordance
with Council policy.
Therefore be it resolved that:
1. Council provide WOLF with the opportunity to acquire the five lots in the
Gray Pit lands that are for sale for a fair market value of $3,000,000.00 on
or before November 17, 2012 (60 days) by provision of a $10,000.00
refundable deposit (within fourteen (14) days) provided that:
a) WOLF will provide documentation that it is a legitimate, incorporated
Society prior to closing with the provision;
b) that in the event of its dissolution or insolvency its (WOLF) assets
will revert to the Township;
c) WOLF will covenant, and agree to enter into an agreement, to
preserve these lands and trees for public park, trail, education and
recreational purposes in perpetuity; and
d) the opportunity available to WOLF cannot be assigned to a third
party without consent of the Township of Langley Council as
evidenced by a duly adopted resolution; and
2. That if WOLF does not proceed in accordance with the terms of this
resolution, that staff proceed with the direction as provided in previous
Council resolutions to dispose of the Gray Pit lands that were marketed for
sale in accordance with Council policy.
Section 90(1) (e) Property; (k) Negotiations
CARRIED
October 1, 2012
The original document can be found in the eveing agenda of the Council for Monday October 1
http://tinyurl.com/958atpf
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