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HomeMy WebLinkAboutKIN 96 080 Extntion Agre-McLean e e e -- THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1996-80 A BY-LAW TO AUTHORIZE THE SIGNING OF AN EXTENSION AGREEMENT WHEREAS the Council Kincardine deems it agreement with Graham for The Corporation of the Town of advisable to enter into an extension Mahood on behalf of DAVID MCLEAN ESTATE. 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 resect 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 Graham Mahood on behalf of DAVID MCLEAN ESTATE, for the property known as 861 Victoria Street. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the extension agreement with Graham Mahood on behalf of DAVID MCLEAN ESTATE, 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 "McLean October 96 Extension Agreement By-law". READ a FIRST and SECOND time this 7th day of November, 1996. READ a THIRD time and finally PASSED this 7th day of November, 1996. /~r~ ~-- Ma or ~~ '. . . ! . THIS AGREEMENT made in triplicate this 19th day of October, 1996, BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE, hereinafter called the "Town" -and- MAHOOD, Graham on behalf of DAVID MCLEAN ESTATE 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, 1990, in the amount of $3,260.63 and a tax arrears certificate was registered in the Registry Office, Bruce No.3, on the 20th day of June, 1991, as instrument no. 277400 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 THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Town agrees to grant a six month extension of the tax sale date, commencing on the date of this Agreement, during which time the Owner, on behalf of the Estate, may make payments against the tax arrears. At the end of the six month period, the Owner agrees to pay all outstanding taxes, interest and legal fees. 2. 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 clause 1, during the time this Agreement is in force. 3. If all outstanding taxes, interest and legal fees have not been paid in full at the end of the six month period, this Agreement shall terminate and collection of all tax arrears shall be enforced. 4. Immediately upon the Owner making all the payments required under clause 1, this Agreement shall be terminated and the treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said lands. .. .2 , . . ~ -- . 5. Page 2 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. 6. 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. 7. 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: David McLean Estate c/o Graham Mahood 313 Lambton Street Kincardine, Ontario N2Z 2Y8 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. ) THE CORPORATION OF THE TOWN ) OF KINCARDINE ) ) ) ) ) ) ) ) ~:b " 3. ess ¡ ~HÆ\'\ (\J l~ ) Graham Mahood, for the ) Estate of David McLean ) . . . .' . t, . SCHEDULE "A" 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 lot 4, Plan 134 on the East Side of Victoria Street in the said Town of Kincardine.