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UPDATE on The Lakes of Muirfield Development (the “Development”)

Lyalta

Media Release

For Immediate Release

The following is an update to the “Lakes of Muirfield FAQ” already posted at https://wheatlandcounty.ca/muirfieldfaqs/.  We encourage interested persons to read through all the earlier posted FAQ, on the County’s website, in addition to the below.

  1. Water System Operations and Billing: 
    • Operations and maintenance are transitioning from RVUC to the County, in July: as of April 30, 2020, the County took ownership and control of the Water System for the Development (i.e. the ‘water-in’; water treatment plant, raw water storage/reservoirs, distribution system, water licences and approvals, related lands and rights-of ways).  There was an existing operation and maintenance agreement, and billing agreement, between the Developer and Rocky View Utility Corporation (RVUC).   Changes have been made so that by July 2020, the County expects to carry out all day-to-day operations and maintenance of the Water System, although RVUC may still provide meter reading services to the County for a few months.
    • RVUC billing is continuing through October 2020: the County and RVUC are working on agreement by which RVUC will continue to manage Water System (the ‘water-in’) utility billing processes until the end of October.  Monthly administrative base charges or billing fees to customers, for RVUC services, are not expected to change until the end of October.
  2. Storm Drainage System: As of April 30, 2020, the County took ownership and control of the storm system. The current expectation is that the system will continue as designed and constructed.
  3. Waste Water System:  The County did not take ownership or control of the Waste Water System (the ‘water-out’) for the Development. The County has not taken over any relevant regulatory registrations.  The County has not assumed any agreements for the Waste Water System (utility) operations, maintenance, billing.

    The Lakes of Muirfield Home Owners Association continues to own and to be responsible for on-site and offsite Waste Water System operation and maintenance (e.g. lift station, trucking and disposal of waste as needed, regional service line use, vacuum services, etc.), all regulatory requirements of Alberta Environment and Parks, and accounting and billing/invoice management. The County expects that the Lakes of Muirfield Home Owners Association will review and determine whether or not to continue using RVUC as a service provider for operation and maintenance, and billing/invoicing management for the Waste Water System (utility). 
  4. Phase 1 and 2 Roads:  As of April 30, 2020, the County took ownership and control of Phase 2 (or Village 2) Road Units (Condominium Plan 0811158, Units 234, 235).  The County’s current expectation is that Phase 2 Road Units will transition to The Lakes of Muirfield Home Owners Association, in due course.  

    The County has not taken ownership of any Phase 1 (or Village 1) lands.  The Phase 1 Road Unit (Condominium Plan 0710284, Unit 185) continues to be owned by The Lakes of Muirfield Home Owners Association.

    The County has not assumed existing Developer obligations to third-parties respecting road construction or maintenance.  However, the County will work with and support stakeholders with coordination on various access and maintenance issues relevant to roads, as between Phase 1 and Phase 2, (e.g. snow removal, garbage and recycling services, lights, gates). 
  5. Condominium Corporations and Home Owners Association Continue: The Development remains a private development, with the same structure of condominium corporations for each “Village”, and a coordinating (umbrella) home owners association, The Lakes of Muirfield Home Owners Association.   The registered plans for the Development are not changed.  The County has not acquired lands (units) within the Phase 1 (Village 1) condominium plan.
  6. RV Storage:  As of April 30, 2020, the County took ownership and control of the RV Storage Lands and RV storage contracts/leases.  Notice has been or will be, provided to parties with existing contracts for RV storage. The County has been making arrangements to continue operating and managing the RV storage in much the same manner as the Developer.  Persons with questions about existing storage contracts, or interested in starting RV storage, can contact the County at 403-361-2024; or, debbiewolfram@shaw.ca.
  7. Commercial Lands (Mercantile, etc.): As of April 30, 2020, the County took ownership and control of the Commercial Lands and related commercial leasing.  The County has been working with the Tenants to mitigate challenges presented by Covid-19, to support previously planned special events, and to discuss potential improvements to commercial amenities.
  8. Legal Responsibilities, Liabilities, Lawsuits:  As the County is acquiring the assets only of the Developer, it does not assume the responsibilities of the Developer unless the County agrees to such an assumption. In particular, the County has not assumed any liability in respect to past acts or omissions of the Developer and is not subject to or party to, any litigation respecting the Development.  That said, significant economic and practical challenges to the Development, and impacts to its residents and managing associations were mitigated or avoided as a result of the transaction between the Developer and the County (not the least of which was the continuity of critical services to the Development and residents).  
  9. Completion of Development and County Sale of Lands: In due course, the timing, methods, and plans for completing the Development, and addressing any existing deficiencies, will be reviewed by the County, with stakeholder input. 

    Formal title transfers and registrations, through the Alberta Land Titles Office, are still being processed, respecting the transaction between the Developer and the County.  During the current transition period, the County does not intend to allow or to release for registration with Alberta Land Titles, any further disposition or transfers to third parties.  However, the County has already been engaging with professionals experienced in marketing and sales and is developing a plan for orderly, sustainable, disposition, or transfer to third parties of property acquired by the County from the Developer.

    Again, the County has only acquired lands that were owned by the Developer. All of Phase 1 (Village 1) lands/units within the Development are still owned by other parties (neither the Developer nor the County); and, some Phase 2 (Village 2) lands are also owned by other parties.   Transactions in other lands/titles within the Development (i.e. any lands/units not owned by the County) are not impaired, and are occurring ‘as usual’.

Please note that the information contained herein is subject to change and that further or more current information may be obtained by contacting Wheatland County.

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Media Contact:
General Manager of Community and Development Services Matthew Boscariol,
403-361-2005
matthew.boscariol@wheatlandcounty.ca   

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