The City of Abbotsford has concluded the memorandum of understanding (MOU) with the YMCA for a proposed facility in Abbotsford is non-binding.
The city announced the indefinite deferral of the controversial project at the April 8 meeting of council, however, questions remained regarding the MOU between the city and the YMCA, which stated it would remain in effect until replaced with binding legal contracts.
According to the report that will be presented to council on Monday, city lawyers have examined the MOU and determined it is a non-binding document.
The correspondence between city manager George Murray and Steve Butz, president and CEO of the YMCA of Greater Vancouver, dated April 11, 2013, states that "the City of Abbotsford has agreed to indefinitely postpone the proposed partnership to develop a YMCA in Abbotsford. As the MOU was not a binding agreement, the City is sending you this letter to confirm that we will no longer pursue this initiative."
The letter is contained in a report from Murray to the council, stating that "staff have now written to the YMCA confirming the indefinite postponement of the proposed YMCA in Abbotsford."
The full text of the letter reads as follows:
"Dear Steve,
Thank you for your letter of March 28th, 2013 and subsequent conversations, regarding the status of the Memorandum of Understanding (MOU) regarding the development of a YMCA in Abbotsford. The City truly appreciates the understanding of you, and your Board, regarding the situation that the City of Abbotsford now finds itself in.
On April 8th, 2013, at its Regular meeting of Council, the following resolution was passed:
Moved by Councillor Smith, seconded by Councillor Gill, that the City ofAbbotsford defer further discussions regarding the development of a YMCA facility in Abbotsford based on the correspondence dated March 28, 2013, as well as subsequent discussions, with the YMCA of Greater Vancouver.
R097-2013 CARRIED.
Based on the above noted resolution, please be advised that the City of Abbotsford has agreed to indefinitely postpone the proposed partnership to develop a YMCA in Abbotsford. As the MOU was not a binding agreement, the City is sending you this letter to confirm that we will no longer pursue this initiative.
On behalf of Mayor and Council, I would like to thank the YMCA for your support and patience during the past number of months.
Yours truly,
George M. Murray"