Loading...
HomeMy WebLinkAboutKIN 88 007 Ext Agree-Tax Arrear . . 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. ~~~~~~ READ a THIRD time and FINALLY PASSED this 18th 1988. day o~__X~bruary, -. ~. ~~ Mayor - -- ~ - - . . 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 . 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. . 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 . 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. ~~* fltLl Wlt ss ) THE CORPORATION OF TH~;TOWN OF ~ ~~KINCARDIN~______---'-___'_~'_ )~ ~- ) ayor : -; .0 ) ) ) ) ) ) ) ) ) ) ) ) - - ~Â~--:(~--- Treasurer - ~:,:- . ~'O'9'