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Library of First Nations Land Leases

CAUTION:

All of the leases presented here are ARCHIVED COPIES, presented exactly as registered in the Indian Lands Registry System. Users should be aware that since the date these leases were obtained, amendments could have been be made which are not presented here. The reader must be fully responsible for obtaining a current search of each parcel to determine whether the particular lease applies to the parcel, and whether or not it may have been modified since it was registered.

Spagnuolo & Company Real Estate Lawyers presents these copies of registered leases as a convenience only. Presentation of these leases does not constitute legal advice. Neither Spagnuolo & Company Real Estate Lawyers nor the Westbank First Nation shall be liable for any consequence of making these leases available to the Public.

Please consult a lawyer experienced in First Nations Land Leases before drawing any conclusions with respect any materials presented in these pages. We accept no responsibility for the use the reader makes of these documents.


Westbank First Nation Lands Leases
Quick Facts for Selected Manufactured Home Parks and Other Developments
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Westbank First Nation Developments:

Bayview
Grandview Terrace
Lakeridge Park
Royal Heights
Sonoma Pines
Sun Village
Westlake Gardens

WESTBANK FIRST NATION CONSTITUTION

BAYVIEW

Notes: The Bayview community uses the Lessee Corp Model. This means that each homeowner holds one share in a management company called Bayview Homeowners Management Corporation, whose sole purpose is to take over the Head Lease from the original developer in the event of default. A default did occur, and the Bayview Homeowners Management Corporation now holds the Headlease. The documents presented below set out the original head leases for two parcels of land, the various modifications of those original head leases, followed by the Assignment of the Headlease to Bayview Homeowners Management Corp. and then by a final modification, which deleted the undeveloped land from the Head Lease. The final result is that Bayview Homeowners Management Corp. holds the Head lease for the remainder of the original 99 year terms.

Quick Facts:
  • Term: 99 yrs
  • Start Date: Jan 1, 1991
  • Expiry Date: Dec. 31, 2089
  • Head Lease Holder: Bayview Homeowners Management Corporation
  • Head Lease Number:
  • Lessee Corp Model

Leases:

GRANDVIEW TERRACE


Quick Facts:
  • Term: 99yrs
  • Start Date: July 1, 1993
  • Expiry Date: June 30, 2092
  • Head Lease Holder: K-West Equities Ltd.
  • Head Lease Number: 216812
  • Uses Fully Prepaid Headlease Model
  • Modifications do not change expiry date

Leases:

LAKERIDGE PARK

Quick Facts:
    For Phases I and II
  • Term: 99yrs
  • Best Efforts offer by Sub Lessor to attempt to obtain 50 yr extension on Headlease, and to offer 50 yr extension on Subleases at a fee of 75% of fair market value of land without improvements
  • Offer to acquire home and land at 75% of fair market value if unable to extend lease
  • Annual Service Fee of 3/4% on Assessed value of land without improvements, fixed for first 35 yrs, then adjusted to current assessed value every five years. Note: Sublease dates vary. Check individual Sublease for commencement date.
  • Head Lease commencement date June 13, 1974
  • Head Lease expiry date Jun 12, 2073

    • For Phase III
  • Term: 99yrs
  • Best Efforts offer by Sub Lessor to attempt to obtain 50 yr extension on Headlease, and to offer 50 yr extension on Subleases at a fee of 75% of fair market value of land without improvements
  • No offer to acquire home and land at 75% of fair market value if unable to extend lease
  • Annual Service Fee of 1% on Assessed value of land without improvements, fixed for first 35 yrs, then adjusted to current assessed value every five years. Note: Sublease dates vary. Check individual Sublease for commencement date.
  • Head Lease commencement date June 13, 1974
  • Head Lease expiry date Jun 12, 2073
Leases:

ROYAL HEIGHTS

    Quick Facts:
    • Term: 99yrs
    • Start Date: July 1, 1994
    • Expiry Date: June 30, 2093
    • Head Lease Holder: 471496 B.C. Ltd. Assigned to Royal Heights Properties Inc.
    • Head Lease is Fully Prepaid
    • Uses Lessee Corp Model and Head Lease has been assigned to Lessee Corp. (Royal Heights Properties Inc.)
    • Modifications do not change expiry date
    Leases:

SONOMA PINES

    Quick Facts:
    • Term: 99yrs
    • Start Date: May 5, 2003
    • Expiry Date: May 4, 2102
    • Head Lease Holder: Carrington Road Holdings Ltd.
    • Uses Lessee Corp Model
    • Each Phase is Prepaid before first sublease issued
Lease:

SUN VILLAGE

WESTLAKE GARDENS

Quick Facts on Selected Manufactured Home Parks and Other Developments:

Bel Aire MHP
Green Acres MHP
Holiday Park
Kelowna West Estates MHP
Princess MHP (Formerly Paradise MHP)
Turtle Lodges
Village Green MHP

Bel Aire MHP

Quick Facts:

  • Term: 26yrs 4 mos
  • Start Date: May 1, 1983
  • Expiry Date: Aug 31, 2009
  • Lease Holder: Falk Enterprises Ltd.
  • Lease is paid annually

Green Acres MHP

Quick Facts:

  • Term: 45yrs
  • Start Date: Nov 1, 1992
  • Expiry Date: Oct 31, 2037
  • Lease Holder: 430452 B.C. Ltd.
  • Lease is paid annually

Holiday Park

Quick Facts:

  • Term: 45yrs
  • Start Date: Jan 1, 1982
  • Expiry Date: Mar 31, 2027
  • Lease Holder: Holiday Park Developments Ltd.
  • Lease is paid annually

Kelowna West Estates MHP

Quick Facts:

  • Term: 24yrs
  • Start Date: Jun 1, 1992
  • Expiry Date: May 31, 2016
  • Lease Holder: Sneena Developments Ltd.
  • Lease is fully prepaid

Princess MHP (Formerly Paradise MHP)

Quick Facts:

  • Term: 99yrs
  • Start Date: July 7, 2005
  • Expiry Date: Jun 6, 2104
  • Lease Holder: 0719148 B.C. Ltd.
  • Lease is fully prepaid

Turtle Lodges MHP (Formerly Water's Edge)

Quick Facts:

  • Term: 49yrs
  • Start Date: April 1, 2005
  • Expiry Date: Mar 30, 2054
  • Lease Holder: Turtle Lodges Resprt Ltd.
  • Lease is fully prepaid

Village Green MHP

Quick Facts:

  • Term: 45yrs
  • Start Date: Aug 1, 1991
  • Expiry Date: July 31, 2036
  • Lease Holder: 407569 B.C. Ltd.
  • Lease is fully prepaid

WESTBANK FIRST NATION CONSTITUTION and SUMMARY of SELF GOVERNMENT AGREEEMENT