Land title office rejects test lease for West Beach project

Here is the most recent news story on the proposed controversial Adams River mouth development. On January 9th, we should learn more about the fate of this development when Justice Sigurdson releases his judgement regarding the zoning issue and whether or not West Beach continues to receive court protection from bankruptcy.

Land title office rejects test lease for West Beach project

November 29, 2011

By Cam Fortems
Daily News Staff Reporter

The provincial land title office has rejected a test lease submitted by Kamloops developer Mike Rink for the proposed West Beach project.
But Rink said Tuesday he is in discussion with lawyers and expects to resolve any problems with the proposed RV titles. Discussions are also ongoing with the provincial land title office.
“I don’t view it as a setback. I view it as a bump in the road.”
Dave McMillan, a Kamloops lawyer representing suppliers at West Beach owed $750,000 for unpaid services and supplies, said Tuesday the notice is a blow to the project.
“If the lease can’t be registered, the structure of this development collapses.”
The ruling from the land title office may be appealed to B.C. Supreme Court.
Some of Rink’s real estate holdings, including West Beach, remain under court-ordered protection of the Companies’ Creditors Arrangement Act.
An earlier proposal to develop a resort at the former Cottonwoods Campground beside Adams River was turned down in a public hearing that received national attention.
Undaunted, Rink came back with a new proposal for 165 RV sites. When the legal status of proposed 199-year leases for one-metre by 2.5-metre garden sheds — along with the right to occupy an RV pad beside it — came under question, lawyers for Rink submitted a test property title to the provincial land titles office.
But the office based in Kamloops replied with a notice declining to register, ruling the proposed title is not valid in B.C.
In coming weeks the court is expected to rule on an application to extend the CCAA process.
It will also rule whether West Beach meets zoning set out by Columbia-Shuswap Regional District.
McMillan said that decision, along the land title question, are crucial to Rink’s ability to continue marketing and development at West Beach.
Rink’s companies went into protection last year. West Beach was the principal project forecasted by an outside evaluator to make money for creditors.
Rink also continues to develop the partially completed Mission Hill project in Kamloops.

Copyright 2011 Glacier Media Inc.

New blog site begins for Shuswap Passion

Shuswap Passion is a blog site by Jim Cooperman that includes his Shuswap Passion columns about Shuswap geography that appear every two weeks in the Shuswap Market News, along with more details, photos and other information that do not appear in the newspaper. Many of these columns provide an environmental perspective on life in Shuswap. Plus, there are blogs about issues outside of the Shuswap that provide passionate commentary on politics, economics, environmental issues and culture.

Visit www.shuswappassion.ca to read these blogs.

Adams River Development faces court challenge

Here is the latest news on the West Beach saga. We should know soon whether or not this irresponsible development will go bankrupt.

Rink misses payment deadline, court challenge remains

October 22, 2011

By Cam Fortems
Kamloops Daily News Staff Reporter

Developer Mike Rink has failed to meet a payment deadline on the half-completed Mission Hill project in Kamloops and continues to face a court challenge in the Shuswap.

That Shuswap project, the controversial West Beach Village, is the only one of Rink’s imperiled real estate holdings that promised to pay back financial institutions and trades people owed millions of dollars.

The latest information on Rink’s progress is in a report filed as part of the Companies’ Creditors Arrangement Act (CCAA).

Begun in 2010 when he could no longer make payments on seven real estate developments in the Interior and Squamish, the bankruptcy protection process is nearing an end but it remains unclear whether the Kamloops developer can successfully complete key projects — Mission Hill in Kamloops and West Beach Village in the Shuswap.

Mission Hill is now outside the CCAA process after a deal was brokered among creditors to continue construction and offer promissory notes to trades people based on success of the project.

But a key deadline was missed at the end of September, when Rink was supposed to come up with $4 million from selling outside family property and pay that sum to first creditor Harbour Canadian Capital Corp.

The monitor’s report presented to the B.C. Supreme Court said Rink has not met that deadline. Mission Hill was also supposed to be marketed and offered for sale once again.

Now that the deadline has lapsed, Harbour is free to trigger a foreclosure and take over the project.

However, Rink filed an affidavit in court, stating Mission Hill has been proceeding and “crews are working daily to finish exterior and interior of the building to position Phase 1 for occupancy at the end of November.”

He did not return phone calls Friday.

It also states a marketing proposal will be presented to Harbour for approval.

The only projected moneymaker from Rink’s $100 million worth of projects on the books two years ago is at West Beach. But Columbia-Shuswap Regional District has taken a hard line against the proposal, saying it doesn’t meet zoning.

An earlier condominium development proposal in the same location was turned down in a public hearing process that received national attention due to its proximity to Adams River and its sockeye run. Undaunted, Rink moved ahead with a 165-unit RV park he said fits with existing zoning for the campground.

The project also calls for several motels to be developed at the site.

The two sides are headed for court unless they can come to an agreement.

A proposal was submitted Wednesday to the CSRD board, which met in camera to consider a compromise.

Director Denis Delisle acknowledged the matter was discussed but the meeting was held in camera. It remains in the hands of lawyers on both sides.

The CCAA process has been stretched out several times, with the latest deadline Nov. 30. If Rink and the CSRD cannot come to an agreement on acceptable uses for the proposed RV park, the B.C. Supreme Court will decide on the legality.

If it rules in the regional district’s favour, the court monitor concluded that ‘the project will not be viable.”