HomeMy WebLinkAbout06 307 Extension Agreement-Usher
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
NO. 2006 - 307
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN EXTENSION
AGREEMENT WITH THE OWNERS OF PROPERTY LOCATED AT LOT 196,
RP 819 (GEOGRAPHIC TOWNSHIP OF KINCARDINE), MUNICIPALITY OF
KINCARDINE
WHEREAS Section 378 of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended, provides that a municipality, by a by-law passed after the registration of
the tax arrears certificate and before the expiry of the one-year period mentioned
in subsection 379(1) of the Act, may authorize an extension agreement with the
owner of the land, the spouse of the owner, a mortgagee or a tenant in occupation
of the land extending the period of time in which the cancellation price is to be
paid;
AND WHEREAS a Tax Arrears Certificate was registered on November 15, 2005
in the Registry Office for the County of Bruce (No.3) for that property located at
Lot 196, RP 819, in the Municipality of Kincardine, former Township of Kincardine,
identified by Roll Number 410821000407397, being more particularly described
in the extension agreement attached to this by-law as Schedule "A";
AND WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide
municipalities with the powers of a natural person to enable them to govern their
affairs as they consider appropriate under this or any other Act and to enhance
their ability to respond to municipal issues;
AND WHEREAS it is deemed expedient to enter into an extension agreement
with the owners of that property identified by Roll Number 4108 210 004 07397 to
extend the period of time in which the cancellation price of the tax arrears may be
paid;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into an
extension agreement with the owners of the property known as Lot 196,
Registered Plan 819, geographic Township of Kincardine, identified by Roll
Number 4108 210 004 07397, to extend the period of time in which the
cancellation price for the outstanding taxes may be paid.
2. That the Mayor and CAD be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the extension agreement with
the owners of that property identified by Roll Number 4108210 004 07397
and attached to this by-law as Schedule "A".
3.
This by-law shall come into full force and effect upon its final passage.
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Lot 196, RP 819 Extension Agreement By-law
By-law No. 2006 - 307
4. This by-law may be cited as the "Lot 196, RP 819, Extension Agreement
By-law" .
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 15th day
of November, 2006.
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Mayor
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This is Schedule " ~ " to By-Law
Nor{)ML"i/)1passed the ~~y
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EXTENSION AGREEMENT ~L_A. ~~ ~ ~~.""i1I
Mayor Clerk ~
This Agreement made in triplicate this 15th day of November, 2006.
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BETWEEN
The Corporation of the Municipality of Kincardine
(Hereinafter called the "Corporation")
of the First Part
and -
JAMES EDWARD USHER
GLORIA GERALDINE USHER
(Hereinafter called the "Owners")
of the Second Part
WHEREAS the Owners are the Owners of the land in the Municipality of
Kincardine described in Schedule "A" attached hereto and forming part of this
Agreement;
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AND WHEREAS the Owners' land is in arrears of taxes on the 31st day of
December, 2004 in the amounts shown on Schedule "B" attached hereto and forming
part of this Agreement;
AND WHEREAS a tax arrears certificate was registered in the Registry
Office for the County of Bruce (No.3) as shown on Schedule "C" attached hereto
and forming part of this Agreement;
AND WHEREAS under section 378 of the Municipal Act S.O. 2001, c 25
a municipality may by by-law, authorize an extension Agreement be entered into by
the Corporation with the Owners before the expiry of one (1) year following the date
of the registration of the tax arrears certificate, to extend the period of time in which
the cancellation price in respect to the Owners' land is to be paid;
AND WHEREAS the period during which there is a subsisting extension
agreement shall not be counted by the Treasurer in calculating the periods
mentioned in sub-section 379(1) of the Municipal Act, 2001;
NOW THEREFORE this Agreement witnesseth that in consideration of
the premises and of the covenants and obligations hereinafter contained, it is hereby
agreed as follows:
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1.
The Owners agree to pay to the Corporation an amount throughout the
term of this Agreement which will reduce the cancellation price owing on
the lands in accordance with the following schedule:
Cancellation price to be reduced to $16,000.00 by February 15. 2007.
Cancellation price to be reduced to $10,000.00 by May 15, 2007.
Cancellation price to be reduced to $ 5,000.00 by August 15, 2007.
Cancellation price to be reduced to $
0.00 by November 15, 2007.
2. The Owners may make payments when they desire provided the balance
of the cancellation price is reduced to the amounts agreed at the dates
specified in Paragraph 1.
3.
The amounts paid by the Owners shall be applied to the reduction of the
cancellation price at the discretion of the Treasurer of the Corporation and
as required by the provisions of the Municipal Act S.D. 2001, c. 25.
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It is agreed that the total cancellation price as of the date of this
Agreement is $21,677.96.
5. In addition to paying the amounts provided for in Paragraph 1, the
Owners agree to pay all taxes levied on the land as they become due and
payable during the term of this Agreement.
6. Notwithstanding any of the provisions of this Agreement, the Municipal
Act, R.S.O. 1990, CM 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 Supervisor of Revenue Services and Taxation of the
Corporation, without waiving the statutory rights and powers of the
municipality or of the Treasurer, shall enforce collections of such tax
payments, except as set out in Paragraphs 1 and 5, during the time this
Agreement is in force so long as the Owners are not in default hereunder.
7.
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In the event the Owners default in any payments required by this
Agreement, this Agreement upon notice being given to the Owners by the
Corporation, shall be terminated and the Owners shall be placed in the
position they were in 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 Owners.
8. Immediately upon the Owners making all the payments required under
Paragraphs 1 and 5, this Agreement shall be terminated and, the
Treasurer shall forthwith register a tax arrears cancellation certificate in
respect to the said lands.
9. Notwithstanding the provisions of Paragraphs 1 and 5, the Owners or any
other person may at any time pay the balance of the cancellation price
and upon receipt of the aforesaid payment by the Corporation, this
Agreement shall terminate and the Treasurer shall forthwith register a tax
arrears cancellation certificate.
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This Agreement shall extend to and be binding upon and enure to the
benefit of the parties and to their respective heirs, successors and
assigns.
If any paragraph or part of paragraphs in this Agreement is determined by
a court or tribunal of competent jurisdiction to 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 full force
and effect and shall be binding upon the Parties hereto as though the said
paragraph or paragraphs or part or parts of paragraphs had never been
included.
Any notice required to be given to the Owners hereunder shall be
sufficiently given if sent by registered post to the Owners at the following
address:
James Edward Usher
Gloria Geraldine Usher
55 MacCaskill Road
Kincardine, Ontario
N2Z 1 J8
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IN WITNESS WHEREOF the Municipality has hereto affixed its corporate_~
seal attested by the hands of its Mayor and Chief Administration Office (CA~~ ..Li.t....Y-I/
day of November, 2006. The Owners have hereunto set their hands this' day of
November, 2006.
SIGNED. SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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Mayor - Glen Sutton
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CA ..::. John deRosenroll
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James Edward Usher
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Gloria eraldine Usher -
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SCHEDULE "A"
TO THE EXTENSION AGREEMENT
LANDS OF THE OWNERS SUBJECT TO TAX REGISTRATION PROCEDURES BY
THE CORPORATION
Lot 196. Registered Plan 819
Geographic Township of Kincardine
Now the Municipality of Kincardine
County of Bruce (No.3)
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SCHEDULE "B"
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TO THE EXTENSION AGREEMENT
TAX ARREARS OUTSTANDING ON THE LANDS DESCRIBED IN SCHEDULE "A" AS
OF DECEMBER 31.2004
Lot 196, Registered Plan 819
Geographic Township of Kincardine
Now the Municipality of Kincardine
County of Bruce (No. 03)
$13,992.02
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SCHEDULE "C"
TO THE EXTENSION AGREEMENT
REGISTRATION PARTICULARS OF THE TAX ARREARS CERTIFICATE
REGISTERED AGAINST THE LANDS DESCRIBED IN SCHEDULE "A"
THE LANDS REGISTRATION #
REGISTRATION DATE
Lot 196, Registered Plan 819 400998
Geographic Township of Kincardine
Now the Municipality of Kincardine
County of Bruce (No. 03)
November 15, 2005
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