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HomeMy WebLinkAboutKIN 94 036 McLean Tax Arrears
THE CORPORA TION OF TH E TOWN OF KJ NCARDINE
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BY-LAW
BY-LAW NO. 1994-36
A BY-LAW
EXTENSION
TAX SALES
TO AUTHORIZE THE EXECUTION OF
AGREEMENT PURSUANT TO SECTION 8
ACT, R.S.O. 1990, c. M.60.
A TAX ARREARS
OF THE MUNICIPAL
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WHEREAS The Corporation of the Town
registered on the 20th day of June,
certificate against the land described in
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;
of Kincardine has
1991, a tax arrears
Schedule "A" attached
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
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1. THAT an agreement be entered into by the corporation with
David McLean, on behalf of James McLean Estate, owner of
the land described in Schedule "A" to extend the time
period in which the cancellation price payable on this
land is to be paid beyond June 20, 1992.
2. THAT the agreement be in the same form and contain the
same terms and conditions as set out in Schedule "B"
attached hereto and forming part of this by-law;
THAT the mayor and treasurer be authorized to enter into
the agreement on behalf of the Corporation;
This by-law shall come into full force and effect upon
its final passage.
THAT By-Law No. 1992-22, passed on the 16th day of
April, 1992, be and the same, is hereby repealed.
This by-law may be cited as the "McLean Tax Arrears
Extension Agreement By-law".
READ a FIRST, SECOND and THIRD time this 2nd day of June, 1994.
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Mayor
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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.
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THIS AGREEMENT made in triplicate this 2nd
1994, BETWEEN:
day of June,
THE CORPORATION OF THE TOWN OF KINCARDINE,
hereinafter called the "Town"
-and-
MCLEAN, David on behalf of JAMES 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 OWner agrees to pay to the Corporation the sum of two
hundred and twenty-five dollars ($225.00) monthly,
payable on the 1st day of each and every month commencing
on the first day of July, 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.
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Page 2
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
sàid lands.
Notwithstanding the provisions of clauses * 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.
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
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:
James McLean Estate
c/o David McLean
861 victoria street
Kincardine, ontario
N2Z 2B6
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.
7(J lrA ({)>>rJ
witness
) THE CORPORATION OF THE TOWN
) OF KINCARDINE "
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