This developer is a predator and cannot be trusted.
This quote from the Record Mar. 1, 2018: https://www.comoxvalleyrecord.com/news/union-bay-estates-project-unveiled/
McMahon says despite the rocky past, the “stars have aligned” this time around. He brought up revisions to the company’s Master Development Agreement with the Comox Valley Regional District, which were approved in December 2017.
So he was crowing about getting the revisions in the MDA and now he wants to make changes. Notice there is no mention of a sewage system for the community.
Next steps Before construction of any of the housing units can occur, Kensington will have to supply a wastewater treatment facility in order to service the projects. “We have to get the wastewater treatment plant up and running before we can sell any homes,” he said. “In order to do that, we need to get the pipes in the ground, we need to get roads built. We were meeting this morning talking about where the pipes are going to go.” McMahon said the company has applied to the Ministry of Environment to begin work on implementing a wastewater treatment facility. “That application is in the process,” he said. McMahon added the goal is to possibly begin construction on homes by summer 2019. “Before that, there will be roads, pipes put in the ground. There will be all the underground servicing going in,” he said.
After all the promises made by this developer since 2005 – none of which materialized due to the developer manipulating trustees who negotiated a water agreement without gaining/negotiating any of the very public promises. Gained 4 acres of land at the same elevation as the old waterworks and lost almost 2 acres for the firehall during their ‘negotiations’.
Here’s a link to the ‘MWR WWTP Operations Plan Registration Tracking: 370094’ submitted by KIP to the CVRD Oct. 2019. https://drive.google.com/file/d/18QlqLIMwqaAhDNPBuLkljXvu4gHIt9KT/view?usp=sharing
It’s no surprise the promised sewage system constructed to add cells allowing Union Bay and Royston to join is just another one to add to the list. This developer ‘appeared’ to agree to the stipulations set out in the MDA but consistently tries to force changes.
This developer will never abide by the MDA and will continue the relentless complaining and excuses and falsehoods. It never stops. Landowners need to ensure the MDA is honoured and not dissected a piece at a time.
KIP has always claimed they would build a system that would be expandable to allow Union Bay and Royston landowners to add to the system. Make KIP abide by the MDA.
Violated the 2010 MDA by subdividing 28 contaminated acres of the coal hill knowing there was a covenant on the land and yet advised the CVRD by KIP’s solicitor a false statement:
On April 28, 2017 solicitors for KIP advised the CVRD through its solicitor that KIP is of the view that it is currently in compliance with the master development agreement in all material respects.
Mere weeks earlier KIP violated the MDA by subdividing the 28 acres. Application was submitted April 6, 2017, and the date of entry was Apr. 20, 2017. So the above claim by KIP’s solicitor on Apr. 28, 2017, was false.
Documents show the Comox Valley Regional District did not know about the transaction between KIP and the province until early May, a few weeks after the subdivision had already been registered. This occurred even though the CVRD has a section 219 covenant with KIP that prohibits subdivisions until certain terms of a Master Development Agreement (MDA) signed in 2010 are met.
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