HomeMy WebLinkAboutKIN 94 010 706713 Ontario Inc
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1994-10
A BY-LAW TO AUTHORIZE THE EXECUTION OF TAX ARREARS
EXTENSION AGREEMENTS PURSUANT TO SECTION 8 OF THE MUNICIPAL
TAX SALES ACT, R.S.O. 1990, c. M.60.
WHEREAS The Corporation of
registered on the 4th day
certificates against the lands
the agreements attached hereto
the Town of Kincardine has
of March, 1993, tax arrears
described in Schedule "X", being
and forming part of this by-law;
AND WHEREAS section 8 of the Municipal Tax Sales Act, R.S.O.
1990, c. M.60 provides that a municipality may by by-law
authorize an agreement with the owner of such land to extend
the period of time in which the cancellation price payable on
the land is to be paid;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. THAT agreements be entered into by the Corporation with,
706713 ONTARIO INC. (c.o.b. Rainbow Investments), owner
of the lands described in Schedule "X", being the
agreements attached hereto, to extend the time period in
which the cancellation price payable on these lands is to
be paid beyond March 4, 1994.
2. THAT these agreements be in the same form and contain the
same terms and conditions as set out in each agreement
attached hereto and forming part of this by-law;
3.
THAT the mayor and clerk be authorized to enter into
these agreements on behalf of the Corporation;
4.
This
its
upon
by-law shall come into full force and effect
final passage.
5. This by-law may be cited as the "706713 ONTARIO INC. Tax
Arrears Extension Agreements By-law".
READ a FIRST, SECOND and THIRD time and FINALLY
day of February, 1994.
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SCHEDULE X
This Schedule consists of seven separate agreements entered into
by the Corporation with 706713 ONTARIO INC., in order to provide
tax arrears extensions for the properties more particularly
described in Schedule "A" of each agreement.
1
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THIS AGREEMENT made in triplicate this 17th day of February,
1994, BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE,
hereinafter called the "Town"
-and-
706713 ONTARIO INC.
(c.o.b. Rainbow Investments)
hereinafter called the "Owner".
WHEREAS the owner is the owner of a parcel of land in
the Town of Kincardine described in Schedule "A" attached
hereto and forming part of this Agreement.
AND WHEREAS the owner's lands are in arrears of taxes
on the 31st day of December, 1992, in the amount of $884.73
and a tax arrears certificate was registered in the Registry
Office, Bruce No.3, on the 4th day of March, 1993, as
instrument number 34285 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.
HOW 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 Owner agrees to pay to the Corporation the sum of one
hundred, forty-two dollars, eighty-five cents ($142.85)
monthly, payable on the 1st day of each and every month
commencing on the first day of March, 1994, until all tax
arrears, interest and costs have been paid in full.
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.
2.
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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Page 2
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 land.
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.
6.
7.
This Agreement shall extend to
inure to the benefit of the
respective heirs, successors and
and be binding
parties and
assigns.
upon and
to their
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:
706713 Ontario Inc.
c.o.b. Rainbow Investments
630 Duke street
Cambridge, Ontario
N3H 3T5
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.
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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 81, Registered
Plan No. M-35, MacYoung Drive.