Dr. Robert Rooks has offered to donate 4.1 acres (at the north end of Church Street) to GHCS to build their proposed Urgent Care Medical Clinic. The land is part of an 80 acre parcel currently zoned Forestry.
According to Land Title & Surveyor Authority of British Columbia the property REMAINS IN THE OWNERSHIP of Dr. Rooks until the two-phase plan has been completely finalized:
1) rezoning of 4.1 acres from Forestry to Institutional 4
2) subdivision (via the Ministry of Transportation and Infrastructure) of the proposed 4.1 acre parcel.
In the Sounder Oct 4, 2010 the following states “The application has been made under the name of the agent acting on behalf of the GHCF, Brian Henning, who is a partner in Williamson & Associates, Professional Surveyors. GHCF Treasurer Harvey Graham said, “he has experience in this area and volunteered to act as GHCF’s agent.”
Yet the application process is done by the OWNER – Potlatch Properties Ltd. - Dr. Rooks – whose representative is also Brian Henning.
Does this not constitute a conflict of interest?
What guarantees does GHCS have that Dr. Rooks, represented by Brian Henning, will hand over title of the land after the rezoning and subdivision take place?
According to Land Title Surveyor Authority of B.C. this kind of situation happens all the time. They repeatedly recommend organizations secure an agreement in writing from the owner before proceeding. Although this does not mean that the owner is obliged to honour the guarantee. If simply provides documentation should the organization decide to take legal action.
We contacted Harvey Graham, GHCS/GHCF Treasurer and he confirmed that as the donation is considered a “Gift” this constitutes a pledge only, and cannot be enforced. GHCS/GHCF have no legal recourse to force Dr. Rooks to give them the land in question. He said that GFCS is relying on the goodwill of Dr. Rooks and they feel that it is unlikely that he will change his mind in the next few months.
The value of this 4.1 parcel of land once it is rezoned and subdivided and still in the possession of the original owner, Dr. Rooks, is estimated at around $ 750,000.
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