HomeMy WebLinkAboutKIN 88 007 Ext Agree-Tax Arrear
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1988-7
A BY-LAW TO AUTHORIZE THE EXECUTION OF A TAX ARREARS
EXTENSION AGREEMENT PURSUANT TO SECTION 8 OF THE
MUNICIPAL TAX SALES ACT, 1984, 5.0. 1984, c. 48
WHEREAS The Corporation of the Town of Kincardine has
reg istered on the 7th day of October, 1987, a tax arrears
certificate against the land described in schedule "A" attached
hereto and forming part of this by-law, as instrument number
238977;
AND WHEREAS Section 8 of the Municipal Tax Sales Act 1984
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 of The Corporation of the Town of
Kincardine ENACTS as follows:
1. THAT an ag reement be entered into by the Corporation with
George Kollias, the owner of the land described in Schedule
"A" to extend the time period in which the cancellation
price payable on th is land is to be paid beyond October 7,
1988.
2. THAT this agreement be attached to and form part of this by-
law as Schedule "B".
3. THAT the mayor and treasurer be authorized to enter into the
agreement on behalf of the Corporation.
4. AND THAT this by-law becomes effective as of the date of the
final passing hereof.
READ a FIRST and SECOND time this 18th day of February, 1988.
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READ a THIRD time and FINALLY PASSED this 18th
1988.
day o~__X~bruary,
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Mayor
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BY-LAW NO. 1988-7
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Kincardine, in
the County of Bruce, and being composed of Lots Numbers 46, 47,
and 48, on the South side of Mechanics Avenue in the said Town of
Kincardine, Registered Plan 4, save and except those portions
thereof acquired by the Province of Ontario under plan of
Expropriation Number 425 containing 0.134 acres more or less more
particularly described as follows:
COMMENCING at the northeasterly angle of said Lot 48;
THENCE South 62 degrees 32 minutes 55 seconds West 96.34 feet to
Department of Highways monument;
THENCE South 70 degrees 26 minutes 30 seconds West 111.16 feet to
a monument of the Department of Highways;
THENCE South 76 degrees 22 minutes 13 seconds West 106.79 feet to
the Northwesterly limit of said Lot Number 46;
THENCE Southwesterly along last mentioned limit 1.98 feet to the
northerly limit of Broadway Street;
THENCE Easterly along the last
Southeasterly limit of said Lot 48;
mentioned
to the
limit
THENCE Northeasterly along the last mentioned limit to the point
of commencement.
AND SAVING AND EXCEPTING THEREFROM, all and singular that certain
parcel or tract of land and premises situate, lying and being in
the Town of Kincardine, in the County of Bruce, and being
composed of the northerly 50 feet of Lots 46 and 47 on the South
Side of Mechanics Avenue in the said Town of Kincardine.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1988-7
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SCHEDULE "B"
THIS AGREEMENT made in triplicate this 18th day of
February, 1988, BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE,
hereinafter called the "Corporation"
- and -
KOLLIAS, GEORGE
hereinafter called the "Owner".
WHEREAS the Owner is the owner of the land in the Town of
Kincardine described in schedule "A" attached hereto and forming
part of this Agreement.
AND WHEREAS the Owner's land is in arrears of taxes on the
31st day of December, 1986, in the amount of $8,601,73 and a tax
arrears certificate was registered in the Registry Office, Bruce
No.3, on the 7th day of October, 1987, as instrument no.
238977, in respect of the Owner's land.
AND WHEREAS under Section 8 of the Municipal Tax Sales Act,
1984, s.o. 1984, c. 48, 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
consideration of the
obligations hereinafter
follows:
THIS AGREEMENT
premises and
contained,
of
it is
WITNESSETH that
the covenants
hereby agreed
in
and
as
1. The Owner agrees to pay to the Corporation the sum of
five hundred dollars ($500.00) monthly, payable on the 1st
day of each and every month commencing on the first day of
March, 1988, until all tax arrears, interest, and costs have
been paid in full. -
2. In addition to paying the amounts provided for in Clause 1,
Owner agrees to pay all taxes levied on the land as they
become due during the tenor of this Agreement.
3.
Notwithstanding any of the provisions of this Agreement, the
Municipal Act, R.S.O. 1980, c. 302, 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 Corporation, 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.
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4. In the event the Owner defaults in any payments required by
this Agreement, this Agreement upon notice being given to
the Owner by the Corporation, shall be terminated and the
Owner shall be placed in the position she 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.
Schedule "B"
BY-LAW NO. 1988-7
Page 2
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5.
Immediately upon the Owner making all the payments required
under paragraphs 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 paragraphs 1 and 2, 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 Corporation, this Agreement shall terminate
and the Treasurer shall forthwith register a tax arrears
cancellation certificate.
7.
This Agreement shall extend to
ensure to the benefit of the Parties
heirs, successors and assigns.
and be binding upon and
and to their respective
8. 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.
9. If any paragraph or part of paragraphs 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 paragraph or paragraphs or part or parts of paragraphs
had never been included.
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:
George Kollias
507 Broadway
Kincardine, Ontario
N2Z 2E8
IN WITNESS WHEREOF the Owner
seal and the Corporation has
hereunto affixed, attested by its
has hereunto set his hand and
caused its Corporate Seal to be
proper officers.
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