Posted in Kensington Coastal Pointe, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc., Kensington Union Bay Properties Ltd., The Union Bay Community, UBID, Union Bay Estates, Union Bay Resorts

The Arrogance of a Predator Developer – Intentionally Misleading the Landowners of Union Bay March 2016 Kensington Island Properties Meeting

The audio clip below is from March 2016 when Kip held a meeting at the Community Hall dividing the community further with falsehoods. KIP VP’s version of the meeting that took place in Victoria Dec. 1, 2015. Doesn’t resemble the minutes taken does it?

The Molstad Board had hired a professional negotiator, Steven Kelliher, and a water expert, Hew McConnell, to represent UBID in obtaining a new agreement since the 2011 WIA expired Dec. 31, 2014. Given the disastrous 2011 WIA was negotiated by a couple of trustees, the Molstad board wasn’t about to repeat that mistake.

The 2 experts hired by UBID along with UBID’s Administrator met with KIP and his counsel Mark Lewis at a planned meeting Dec. 1, 2015 to negotiate a new water agreement. The trustees did not attend the meeting as they had hired the experts and UBID’s knowledgable Admin were all that was required.

In the clip below you will hear KIP VP, Brian McMahon tell his version of what took place at that meeting. This developer stood up in front of the community and intentionally misled them as to what took place.

McMahon loves to play the victim. It’s always everybody else who is holding things up. Year after year whining and making up excuses for not following through on just about everything promised since 2005. The arrogance of this developer and his lawyer are on full display in this memorandum. McMahon has always insisted the 2011 WIA was still in effect and that’s the attitude he and his counsel went with in this meeting.

KIP couldn’t deal with professionals and knew the only hope was to get rid of the trustees standing in the way. Turn the community against Molstad’s board and install his flunkies to do his bidding. KIP got exactly that negotiating with a board of five green trustees and an administrator with zero government experience in Oct. 2017. The Developer controlled what was going to be built, where and when.

A few snippets of the meeting.

  • Mr. Lewis indicated they are still taking the position they have an active, binding agreement in place with UBID.
  • Mr. Lewis indicated it’s the Developer who controls what is going to be built, where and when.
  • Mr. Lewis and Mr. McMahon asked that given the situation UBID finds itself in with respect to its facilities on leased land it doesn’t own, a lease under which it continues to be in default what is the “non-fiction” plan?
  • Mr. Lewis followed up by stating the Developer is the bank, funds continue to sit in a trust account ready to be spent under the WIA and UBID has continued to say no to an extension.
  • Mr. Lewis and Mr. McMahon indicated at this point that UBID is “beholden to the developer to a certain degree” and therefore this represents a unique situation that justifies their position.
  • Given the direction the discussion was taking, Mr. Kelliher asked Mr. McMahon directly if he is prepared to negotiate in good faith a new water service agreement with UBID.
  • Mr. McMahon replied that no he is not given he already has an active and binding agreement in place which he is adamant has not expired.

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