The 2011 Water Infrastructure Agreement expired Dec. 31, 2014. The only person who refused to admit the agreement was dead was Brian McMahon, VP of KIP aka 34083 Yukon Inc.
It is obvious KIP gave up the fight with the force majuere clause in May of 2015 at the latest according to the confidential timeline submitted to Fassbenders office. It should have been a dead issue and UBID and the Regional District both confirmed the agreement had expired on Dec. 31/2014. The developer then went to some Union Bay landowners and convinced them the dead agreement could be extended and pitted landowner against landowner to get his way.
Were the landowners told the truth about the expired agreement or were they told the agreement could be extended? Why did these self proclaimed leaders of the community spread misinformation and attempt to force the board to give an extension to a dead legal agreement? Why did they push so hard to resurrect a dead agreement and accuse the board of having a hidden agenda 4 months after it expired? Since when is this how business is conducted? The dead agreement was 6 years old and the developer disappeared from view and provided nothing as per the conditions of the very agreement he was trying to resurrect.
Petition presented by David Godfrey June 17, 2015.
This is where it really gets interesting.
Loxam and Jacques were elected in April 2016. They had access to the all the legal documents at UBID including the opinions from the lawyer, meeting minutes etc. Why did they negotiate a deal with KIP June 7, 2016, a day after UBID reached a memorandum of understanding with KIP?
Fast forward to Oct. 2016 and three more trustees have access to all of the above. Five trustees who wanted to represent the community claiming they were not biased and each took an oath to act in the best interest of the Union Bay Improvement District.
Nov. 13, 2016 and three of the trustees force a motion through instructing UBID’s legal counsel to enact the force majuere clause effectively granting KIP an extension (in years) on the terms of the expired agreement. How could any elected official think this is due diligence?
And look – it’s still happening. What has this guy ever been right about? Wasn’t right when they locked out the electorate in 2011 while negotiating the 2011 WIA with KIP. Wasn’t right about the number of connections allowed. Wasn’t right about the purchase of the school property which cost us tens of thousands. Wasn’t right about extending a dead agreement. Wasn’t right about his threat to sue the trustees individually for not extending the agreement. Certainly wasn’t right about Jacques and Loxam putting the trust back in trustee. Why does he think he should be followed given his record? Will hold off on my judgement about the credibility of Godfrey’s word that McMahon would produce the correspondence to any Union Bay landowner showing UBID stonewalled or prevented him from proceeding as I haven’t heard back from Mr. McMahon as of posting this.
The actions by the three pro KIP trustees provides the perception of a conflict of interest. Something stinks in old dysfunctional Union Bay. Why do they believe KIP shouldn’t have to negotiate a new agreement? Any developer who wants water must negotiate with UBID. Kensington Island Properties aka 34083 Yukon Inc. allowed the agreement to expire -END OF STORY.
I’ll be adding to this post.