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In This Volume

  • 395A (1) For the purposes of this section, “land” means land maintained as a golf course.
  • (2) Notwithstanding the provisions of this or any other Act, the Council may enter into an agreement with the owner of land fixing an amount that shall be deemed to be the assessed value of the land during the term of the agreement for the purpose of levying taxes for general purposes only.
  • (3) The actual value of the land as determined by the Assessor pursuant to the provisions of the Assessment Act shall be set out in the agreement.
  • (4) If the owner of land which is covered by such an agreement sells the land, he shall be liable to the city either for one-half of the amount by which the sale price exceeds the actual value as set out in the agreement pursuant to subsection (3) or for the sum calculated under subsection (6), whichever is the greater amount.
  • (5) If the owner of land which is covered by such an agreement sells part only of the land, he is liable to the city for an amount equal to
  • (a) the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum; and
  • (b) one-half the difference between
    • (i) the sale price of the land being sold where the sale price exceeds the amount determined under paragraph (ii); and
    • (ii) the amount that bears the same proportion to the actual value of the land covered by the agreement that the area of the land sold bears to all the land covered by the agreement.
  • (6) If the owner of land covered by such an agreement allows the land or any part thereof to be used for any purpose other than a golf course, he is liable for and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes on the whole of the land that would have been paid but for the agreement together with accrued interest on the difference compounded annually at six per centum, and the agreement shall be terminated with respect to the land the use of which has changed.
  • (7) The city shall have the first right of refusal in respect of any land that is the subject of an agreement made under this section.
  • (8) The assessor shall continue to assess land covered by such an agreement and shall maintain a record of such assessments. The owner of the land shall have the right to appeal such assessments.
  • (9) An agreement under this section is registrable under the Land Title Act, and upon registration constitutes a charge upon the land having preference over any claim, lien, privilege, or encumbrance of any party except the Crown.
  • (10) Notwithstanding the provisions of this section,
    • (i) the Council may enter into an agreement with Shaughnessy Golf and Country Club fixing the amount that shall be deemed to be the assessed value of the latter’s interest in the land presently maintained as Shaughnessy Golf and Country Club;
    • (ii) the actual value of the interest of Shaughnessy Golf and Country Club in the land as determined by the Assessor pursuant to the provisions of the Assessment Act shall be set out in the agreement together with the value of the interest;
    • (iii) if after entering into such an agreement Shaughnessy Golf and Country Club sublets or assigns the whole or any part of the land covered by the agreement to any person other than the City of Vancouver or uses or permits the land or any part thereof to be used for any purpose other than a golf course, then the agreement shall become null and void and Shaughnessy Golf and Country Club shall be liable and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum;
    • (iv) the city shall have the first right of refusal on Shaughnessy Golf and Country Club’s interest in the lands;
    • (v) the city shall have a charge against the interest of Shaughnessy Golf and Country Club for the payment of all moneys and the performance of all obligations required to be paid or observed or performed by Shaughnessy Golf and Country Club under the agreement, and such charge shall have preference over any claim, lien, privilege, or encumbrance of any person except the Crown.
  • (11) Save and except an agreement under subsection (10) hereof, no agreement under this section shall be binding on either party or have any force or effect until registered in the land title office.

1965-68-27; 1977-30-156, proclaimed effective September 30, 1977; 1978-25-332, 334, proclaimed effective October 31, 1979; 1997-25-189.