# Staff Report - Disposition of the North Langford Recreation Centre

Meeting: Regular Council — September 8, 2020

Canonical HTML: [Open Langford](<https://openlangford.ca/meetings/2020-09-08-regular-council/documents/811>)

Meeting record updated: 2026-10-19T03:51:27.319592+00:00

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Source: [20200908-Agenda-Package](<https://langford.ca/wp-content/uploads/2021/05/20200908-Agenda-Package.pdf>)

Source pages: 17–19

## AI-processed summary

Report to Council recommending approval of the negotiated terms for the disposition (sale) of the North Langford Recreation Centre, including key commercial terms, restrictions and financial implications.

## Extracted text

### Staff Report - Disposition of the North Langford Recreation Centre

Source pages: 17–19

## Staff Report - Disposition of the North Langford Recreation Centre

Date: September 8, 2020  
Department: Administration  
Subject: Disposition of the North Langford Recreation Centre

### Background

Source pages: 17–19

## Background

In early 2020, the City issued a request for expression of interest for the potential sale of the North Langford Recreation Centre. Two responses were received at the end of February, 2020.

### Commentary

Source pages: 17–19

## Commentary

From March 2020 to now, City staff have been in detailed negotiations with the leading proponent regarding the potential terms of a purchase and sale agreement. Staff have completed this negotiation and key terms of the purchase and sale agreement, in the order they are included in the agreement, are as follows:

- Purchaser: Bear Mountain Adventures
- Base Purchase Price: $3,575,000 (includes land, facility and all chattels)
- Deposit: $350,000
- Closing Date: November 30, 2020
- Parking:
  - Prior to completion, the City will issue any necessary parking variances
  - Within one year of completion, the City will secure an easement on the Westin Hotel property or will ensure all parking is accessible from the North Langford Recreation Centre property (currently, the lower parking of the facility lot does not have legal access)
- Maintenance: the City will cover basic maintenance (e.g. janitorial/landscaping) up to $20,000 until the completion date, as well as up to $30,000 for significant repairs that are not covered by insurance or warranty
- Buyer Condition Precedent: The Buyer will have a 45-day due diligence period following the execution of the agreement by both parties
- Restricted Uses:
  - The use of the property will primarily be restricted to recreation related activities for 25 years (after that, this restriction falls away)
  - Retail uses in the original building may be expanded by 12.5% from the current amount of retail use, provided the City is compensated for this change in use as demonstrated by an appraisal
  - Any modifications to the original building will not result in a loss of greater than 12.5% of the interior portion of the build ordinarily accessible to the public
  - The hours of the recreation centre will be a minimum of 80 hours a week between the hours of 6 am – 10 pm (with the exception of retail operations)
  - If the recreation centre is closed for modifications for longer than 24 months within any twelve-and-a-half-year period, then the term of the covenant securing recreation use and the option to purchase will be automatically extended by the duration of the closure
  - Residents of the City of Langford will be entitled to a ten percent (10%) discount on drop-in rates and monthly passes
  - The owner will provide a variety of drop in ticket purchase options to all persons for entry to the facility
  - The building addition may be used for uses associated with recreation (e.g. offices, personal services or retail), or may be used as a real estate sales office

### Buyer improvements

- The Buyer will construct, within 24 months, an expansion to the Recreation Centre consisting of a second swimming pool of an area at least 210 square metres at the surface, and a seating expansion (the “Expansion”)
- The Buyer will also construct a tot aquatic facility, somewhere in the future Bear Mountain Village, similar to the tot aquatic facility at Uptown Mall, within 55 months
- If these improvements are not constructed within the required timelines, the ultimate purchase price of the property would increase to up to $4,000,000.

### City Security on Uses and Financial Penalties

- If the Buyer does not meet its above obligations with respect to uses or financial contributions in lieu of improvements, for the first five years, the City can purchase the property back at 75% the purchase price plus seventy-five percent (75%) of the then fair market value of any additional lands added to the property to accommodate the improvements and all buildings and improvements erected
- After the first five years, if the buyer does not meet its above obligations with respect to uses, the City can purchase the property for seventy-five percent (75%) of the then fair market value of the improved recreation centre
- Note that the above buy-back provisions are only available to the City if the Buyer defaults and does not cure the default within either 15 or 30 days (depending on the default) or there are more than two defaults within 12 months

### Financial Implications

Source pages: 17–19

## Financial Implications

The City will receive a minimum of $3,575,000 from the sale, plus an improvement to recreation amenities or additional financial contributions if the recreation improvements are not constructed within the required timelines.

Council should note that the City has received an independent appraisal of the North Langford Recreation Centre, which valued the property at $4,000,000. Via the outlined terms of the agreement, the City will receive this amount for the community in-kind if the additional recreation amenities are built or will receive this amount in cash if the recreation improvements are not built.

### Legal Implications

Source pages: 17–19

## Legal Implications

The required legal notices of disposition, as per s. 26 of the Community Charter, have been placed in the paper for two consecutive weeks.

Council may also wish to note that the attached documents have been prepared with extensive consultation with the City’s lawyers.

### Options

Source pages: 17–19

## Options

1. That Council approve the disposition of the North Langford Recreation Centre located at 1997 Country Club Way as per the attached and executed purchase and sale agreement;  
OR  
2. That Council directs staff not to dispose of the North Langford Recreation Centre.

Respectfully submitted,  

Submitted by:  
Braden Hutchins, Director of Corporate Services

Concurrence:  
Marie Watmough, Manager of Legislative Services

Concurrence:  
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:  
Chris Aubrey, Fire Chief

Concurrence:  
Donna Petrie, Manager of Economic Development and Events

Concurrence:  
Darren Kiedyk, Chief Administrative Officer

Concurrence:  
George Henshall, Deputy Director of Engineering

:BH
