HomeMy WebLinkAboutKIN 97 017 Agree Timeless Exten
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1997-17
A BY-LAW TO AUTHORIZE THE SIGNING OF AN EXTENSION AGREEMENT
WHEREAS the Council for The Corporation of
Kincardine deems it advisable to enter into
agreement with TIMELESS HOMES INCORPORATED.
the
an
Town of
extension
AND WHEREAS under Section 8 of the Municipal Tax Sales Act,
R.S.O. 1990, c. M.60, a municipality may by by-law authorize
an extension agreement be entered into by the Corporation with
an Owner to extend the period of time in which the cancellation
price in respect to the Owner's land is to be paid.
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1.
That The Corporation of the Town of Kincardine enter into
an extension agreement with TIMELESS HOMES INCORPORATED
for the property known as Part Lot C to Part Lot 3, Plan
61, Town of Kincardine, County of Bruce, that portion of
Lots C, D and E, North side of Broadway Street, plan 61,
shown co loured in red on Department of Highways plan
P-2023-19, registered as No. 596 on the 6th day of
February, 1963 as in Instr, #254056.
2.
That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
extension agreement with TIMELESS HOMES INCORPORATED,
hereby attached to this by-law.
3. The by-law shall come into full force and effect upon its
final passage.
4. This by-law may be cited as the "97 Timeless Homes Inc.
Extension Agreement By-law".
READ a FIRST and SECOND time this 20th day of March, 1997.
READ a THIRD time and finally PASSED this 20th day of March,
1997.
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THIS AGREEMENT made in triplicate this 12th day of March,
1997, BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE,
hereinafter called the "Town"
-and-
TIMELESS HOMES INC
(Paul Aneja)
hereinafter called the "Owner".
WHEREAS
of Kincardine
forming part of
the Owner is the owner of
described in Schedule "A"
this Agreement.
the land in the Town
attached hereto and
AND WHEREAS the Owner's land is in arrears of taxes on
the 31st day of December, 1995, in the amount of $5,177.81 and
a tax arrears certificate was registered in the Registry
Office, Bruce No.3, on the 14th day of March, 1996, as
instrument no. 317136 in respect of the Owner's land.
AND WHEREAS under Section 8 of the Municipal Tax Sales
Act, R.S.O. 1990, c. m.60, a municipality may by by-law
authorize an extension agreement be entered into by the
Corporation with an Owner to extend the period of time in
which the cancellation price in respect to the Owner's land is
to be paid.
NOW THEREFORE '!'BIS AGREEMENT WITNESSETH that in
consideration of the premises and of the covenants and
obligations hereinafter contained, it is hereby agreed as
follows:
1.
The OWner agrees to pay to the Corporation the sum of ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) monthly,
payable on the 14th day of each and every month
commencing on the fourteenth day of March, 1997, until
all tax arrears, interest and costs, including
outstanding engineering costs, have been paid in full.
2. The monthly payment referred to in clause 1 above will be
applied to all interest, penalty, taxes and costs
outstanding in the manner prescribed in the Municipal Act
and current taxes will be added to the outstanding
amount(s) as levied by the Town.
3. Notwithstanding any of the provisions of this Agreement,
the Municipal Act, R.S.O. 1990, c. M.45, as amended,
shall continue to apply to the collection and enforcement
of all tax arrears and all taxes except that the
treasurer and the collector of taxes of the Town, without
waiving the statutory rights and powers of the
municipality or of the treasurer, shall not enforce
collections of such tax payments, except as set out in
clauses 1 and 2, during the time this Agreement is in
force so long as the Owner is not in default hereunder.
In the event the Owner defaults in any payments required
by this Agreement, this Agreement upon notice being given
to the Owner by the Town, shall be terminated and the
OWner shall be placed in the position he was before this
Agreement was entered into. In the event of a default,
this Agreement shall cease to be considered a subsisting
Agreement on the day that the notice of termination is
sent to the Owner.
4.
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5.
Immediately upon the Owner making all the payments
required under clauses 1 and 2, this Agreement shall be
terminated and the treasurer shall forthwith register a
tax arrears cancellation certificate in respect of the
said lands.
6. Notwithstanding the provisions of clauses 1 and 2, the
Owner and any other person may at any time pay the
balance of the cancellation price together with any
current taxes and penalty owing and upon receipt of the
aforesaid payment by the Town, this Agreement shall
terminate and the treasurer shall forthwith register a
tax arrears cancellation certificate.
7.
This Agreement shall extend to
inure to the benefit of the
respective heirs, successors and
upon and
to their
and be binding
parties and
assigns.
8.
If any clause or part of clauses in this Agreement be
illegal or unenforceable, it or they shall be considered
separate and severable from the Agreement and the
remaining provisions of the Agreement shall remain in
force and effect and shall be binding upon the parties
hereto as though the said clause or clauses or part or
parts of clauses had never been included.
9.
In this Agreement the words "Owner", or the words "he" or
"his" where used, in addition to their accepted meanings,
shall mean and include an individual, an associate, a
partnership or an incorporated company. Wherever the
singular is used herein, it shall be construed as
including the plural, and wherever the masculine is used
herein it shall be construed as including the feminine
and vice versa in all cases.
10.
Any notice required to be given to the Owner hereunder
shall be sufficiently given if sent by registered or
certified post to the Owner at the following address:
Timeless Homes Inc.
c/o Paul Aneja
R.R. U
Ariss, Ontario
NOB 1BO
IN WITNESS WHEREOF the OWner has hereunto set his and hand and
seal and the Town has caused its Corporate Seal to be hereunto
affixed, attested by its proper officers.
gaçQ't1T ~
Witness
) THE CORPORATION OF THE TOWN
) OF KINCARDINE
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SCHEDULE "An
ALL AND SINGULAR that certain parcel and tract of land and
premises situate, lying and being in the Town of Kincardine in
the County of Bruce and being composed of pt Lot C to pt Lot
3, Plan 61, Town of Kincardine, County of Bruce, that portion
of Lots C, D and E, North side of Broadway Street, Plan 61,
shown co loured in red on Department of Highways Plan
P-2023-19, registered as No. 596 on the 6th day of February,
1963 as in Instr. 1254056.
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