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HomeMy WebLinkAboutKIN 92 022 McLean-Tax Arrears . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1992-22 A BY-LAW TO AUTHORIZE THE EXECUTION OF A 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 registered on the 20th day of June, 1991, certificate against the land described in attached hereto and forming part of this by-law; Kincardine has a tax arrears Schedule "A" AND WHEREAS Section 8 of the Municipal Tax Sales Act, R.S.a. 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 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; 3. THAT the mayor and treasurer be authorized to enter into the agreement 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 "McLean Tax Arrears Extension Agreement By-law". READ a FIRST and SECOND time this 19th day of March, 1992. READ a THIRD time and FINALLY PASSED this 16th day of April, 1992. ~~~ Mayor er -._.~- , ~ .- of" "~ _ , - ~ . . 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. " . SCHEDULE "e" THIS AGREEMENT made in triplicate this 19th day of March, 1992, BETWEEN: . THE CORPORATION OF THE TOWN OF KINCARDINE, hereinafter called the "Town" -and- MCLEAN, David on behalf of JAMES MCLEAN ESTATE hereinafter called the "Owner". WBBREAS 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 ARD WBBREAS 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. ARD WBBREAS 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 WITRBSSftll that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. 2. 3. . 4. The Owner agrees to pay to the Corporation the sum of one hundred and fifty dollars ($150.00) monthly, payable on the 1st day of eiçþ and every month commencing on the first day of ~~1~92' until all tax arrears, interest and costs have be". . full. The monthly payment r d 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. 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. .../2 , . 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 lands. . 6. 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. 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: James McLean Estate c/o David McLean 861 Victoria Street Kincardine, Ontario N2Z 2B6 IN WITRBSS WBBREOF 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. fÞJ 41~ Witness ) THE CORPORATION OF THE TOWN ) OF KINCARDINlt, .~, !~......:~.,,~,"'" ~~~~~:j;\ )) y ==: ;:=:' :-r~ - -- - - - - ) ~.. - g --~>. ~ ) - ~.- ¿:::- ) Treasuft..f¿:··..~.;~~..~. ..~\tj.",::-~ ) """" _"t'..:.""'.... ..........' ,,~ .... ) ....""" ! Paw.j })11 ~ ) MCLEAN, DAVID ) ) ./ .