HomeMy WebLinkAboutKIN 96 030 Agree-McLean 96 Ext
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAN NO. 1996-30
A BY-LAN 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 96 Extension
Agreement By-law".
READ a FIRST and SECOND time this 18th day of April, 1996.
READ a THIRD time and finally PASSED this 18th day of April,
1996 .
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THIS AGREEMENT made in triplicate this 19th day of April,
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 !=,f
the Owner is the owner of
described in Schedule "A"
this Agreement.
the land in the Town
attached hereto and
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AND WBBRBAS 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 WBBRBAS 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.
BOW THEREFORE THIS AGRBBMBBT WI'l'BBSSB'l'B 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
clauses 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 clauses 1, this Agreement shall be
terminated and the treasurer shall forthwith register a
tax arrears cancellation certificate in respect of the
said lands.
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5.
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 2YB"
IB WI'l'BBSS WBBRBOF 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.
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) THE CORPORATION OF THE TOWN
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Graham Mahood, for the .
Estate of David McLean
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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.