As salam 'alaikum wa rahamatullahi wa barakaatuhu,
We thank all of those who were able to attend our information session held on October 15th, 2016. For those who were not able to attend, below is the summary of the information shared:
May 20, 2016, IISC signed an Offer to Purchase the property located at 614 6th Ave SW, Calgary for $3.2M. This was to be paid in installments over 5 years. IISC already had on-hand a total of $625,000 allocated for the masjid project.
On May 21, 2016, the project was publically announced to the community at the One Ummah Conference.
On May 24, 2016, IISC paid in-trust the initial Deposit of $100,000. The signed agreement was submitted to our Lawyer (specialized in real estate transactions) for his counsel.
IISC's legal counsel examined the initial "Offer to Purchase" and agreed to proceed as per the signed agreement. We spent the following 60 days completing building, structural, environmental inspections and applying for "Change of Use" permit with the City of Calgary. Meanwhile we solicited quotes for renovation/floor-design.
July 20, 2016, the City of Calgary approved our "Change of Use" application.
July 21 2016, we waived all conditions under the purchase agreement.
July 24, 2016, we paid in-trust the additional deposit of $500,000 fulfilling our side of the agreement. At this time, the seller requested to move closing date from August 15, 2016 to Sept 1, 2016 and IISC agreed for extension of closing date. Our Lawyer was instructed to proceed to closing procedure and land title transfer as per the agreement.
During the follow-up meetings, our lawyer informed us that the seller will not discharge its current mortgage from the property's title. Hence, the title transfer to IISC will not be a clean Land Title, meaning that even though the land title will be transferred, the IISC will indirectly carry on seller's bank-debt ($1.3 million) registered on the property. Our lawyer indicated that if we proceed with the "Title Transfer" it could expose the IISC to a financial risk and he strongly advised not to proceed without seeking financial guarantees (collateral) from the buyer. The following 4 weeks were spent in negotiations between our lawyers to come up with mutually agreeable terms. However, they were not able to come to an agreement.
Following the recommendation of our lawyer, the IISC building committee, trustees, and imams, and in preservation of the Community's collected funds it was decided to terminate the agreement.
The IISC made several attempts to formulate a new purchase agreement and met with the seller on September 7, 2016. Although the seller showed interest in selling the property, it was at a significantly higher price with a delayed Land Title transfer but immediate move-in. Thus obliging the IISC to pay operational cost until possession.
September 16, 2016, all members of the IISC building committee, imams, and trustees had a very detailed discussion and didn't find the new terms of sale being Shariah compliant and putting IISC funds at potential risk. Moving forward was not possible and the IISC decided to terminate further negotiations.
The initial deposit of $100,000 and the first payment of $500,000 paid toward the purchase of the building has now been fully refunded to the IISC. The total expenses incurred by the IISC were $3,823.79 for the building inspections, legal fees, and the "Change of Use" application.
As Muslims we hold the belief that the affairs of a believer are indeed all khair and when one door closes, Allah opens another. The IISC explored several options and discussed these options with a segment of our community seeking their advice and preferences. Based on their feedback and internal shura, we took the following steps:
Downtown: The IISC submitted "Offer to Lease" on 2 properties in the Downtown with larger areas and lower cost per square foot than current 8th & 8th Musallah. We are assessing the counter offers to determine best option for the Downtown community.
The IISC is actively pursuing a property for purchase. We will announce further information on the property after we have a binding signed agreement, insha'Allah.
The IISC would like to advise all donors that:
All funds collected are safe and accounted for.
The IISC is committed to ensure that all donations made for the IISC Downtown Project will only be spent on the upcoming Islamic Centre Project.
According to Alberta law, all Donors have the right to ask for a refund of their donations if the original intent of collection is not fulfilled.
Once again, we thank you for your understanding and support. If you have any question or would like to discuss it further, please contact us directly.
Abdulla Barahim Email: firstname.lastname@example.org