Sunday, July 31, 2011

First St Wharf Update July 31,2011

According to a report to council from Administrator Leif Pedersen dated April 25,2005 the District does own the wharf
"The transfer agreement has conveyed legal ownership to Tofino.There is no provision for return."

However in a report to council from May 24,2011 from Nyla Attiana it was stated "It was determined prior to the completion of the 2010 audit that the "Wharf Bridge" is not under the ownership of the District of Tofino.This asset was removed as an asset from the District's financial statements.The areas of the dock that the District does own are the two ramps and floats attached to those ramps."

A legal opinion from Lidstone,Young and Anderson dated April 12,2005 states "The Agreement to Transfer is the master document conveying legal ownership interest in the Wharf to the District.It is not conditional,not assignable,and no longer open to amendment,We cannot locate any provision that requires, or even enables,Transport Canada to review the transfer or exercise a discretion to "take back"the Wharf from the District now that the two-year Operating Agreement has expired.
The Operating Agreement is an additional contract between the District and Transport Canada that sets out the District's obligations with respect to operation of the Wharf for the first two years the District owns the Wharf.The Operating Agreement does not affect the ownership of the Wharf, and does not contemplate the re-conveyance of the Wharf back to Transport Canada."

It also states " We note that some of the Transfer Documents you provided to us for review are unsigned photocopies.If you locate copies of the full,executed originals,please forward them to us as any changes in the wording of the Transfer Documents may change our opinion."

The legal opinion also confirms that " Transport Canada provided a one-time contribution of $500,000 under the Contribution Agreement for the repair and upkeep of the Wharf"

I will attempt to get copies of the signed documents on Tuesday and will possibly have a better understanding of the situation by then.....if you have any information please write in or telephone me....thanks,Ralph

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