HomeMy WebLinkAboutKIN 94 012 Ontario Tax Arrears
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1994-12
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A BY-LAW TO AUTHORIZE THE EXECUTION OF TAX ARREARS
EXTENSION AGREEMENT PURSUANT TO SECTION 8 OF THE MUNICIPAL
TAX SALES ACT, R.S.O. 1990, c. M.60.
WHEREAS The Corporation of the Town of Kincardine has
registered on the 4th day of March, 1993, a tax arrears
certificate against the lands described in Schedule "A", being
the agreement attached hereto 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 an agreement be entered into by the Corporation with
the 675389 Ontario Inc., being the owner of the lands
described in Schedule "A", being the agreement 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 the mayor and clerk be authorized to enter into this
agreement on behalf of the Corporation;
3.
This
its
by-law shall come into full force and effect
final passage.
upon
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4. This by-law may be cited as the "675389 Ontario Inc. Tax
Arrears Extension Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 3rd
day of March, 1994.
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Clerk
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THE CORPORATION OF THE TOWN OF KINCARDINE
THIS AGREEMENT made in triplicate this 3rd day of March, 1994
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE,
hereinafter called the "Town"
-and-
675389 ONTARIO INC.
(o/a Bruce Inn Inc.)
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, 1992, in the amount of $47,010.34
and a tax arrears certificate was registered in the Registry
Office, Bruce No.3, on the 4th day of March, 1993, as
instrument no. 293605 in respect of the owner's land.
AND WHEREAS under Section 8 of the Municipal Tax Sales
Act, R.S.O. 1990, o. 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 'l'HEREFORE THIS AGREEIŒNT WITNESSETH that in
consideration of the premises and of the covenants and
obligations hereinafter contained, it is hereby agreed as
follows:
The owner agrees to pay to the Corporation the sum
seven thousand dollars ($7,000.00) monthly, payable
the 1st day of each and every month commencing on
first day of April, 1994, until all tax arrears
interest has been paid in full. In addition, a lump
payment of five thousand dollars ($5,000.00) shall
made upon the signing of this agreement.
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 and 2, during the time this Agreement is in
force so long as the owner is not in default hereunder.
1.
of
on
the
and
sum
be
. 3.
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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.
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4.
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Page 2
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.
Notwithstanding the provisions of clause 1, the owner and
any other person may at any time pay the balance of the
cancellation price 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. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties and to their
respective heirs, successors and assigns.
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.
8. 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.
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9. 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:
675389 ontario Inc.
c/o Valerie wright, President
754 Queen street
Kincardine, Ontario N2Z 2Y2
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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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Witness
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CORPORATION QP·>rHíL.~OwN:_
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Treasuré:r
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All and
premises
County of
Schedule "A"
singular that certain parcel and tract of land and
situate lying and being in the Town of Kincardine,
Bruce, and more particulary described as follows:
Part of Lots 1, 2 and 3, subdivision of Lot 6, West of Queen
street and part of Lot 3, subdivision of Lots 6 and 7, East of
Huron Terrace, Plan 61 and part of Lot 7, West of Queen
street, Townplot of Penetangore, Town of Kincardine, County of
Bruce, shown as Parts 1 and 2, Reference Plan 3R-3413.
SUBJECT to a right-of-way over Part 2, Reference Plan 3R-3413
as described in Instruments Nos. 11820 and 12021.