HomeMy WebLinkAboutKIN 87 105 Exten Agree-Wayland
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1987-105
A BY-LAW TO AUTHORIZE THE EXECUTION OF A TAX ARREARS
EXTENSION AGREEMENT PURSUANT TO SECTION 8 OF THE MUNICIPAL
TAX SALES ACT, 1984, S.O. 1984, C. 48.
WHEREAS The Corporation of the Town of Kincardine has
registered on the 18th day of February, 1987, a tax arrears
certificate against the lands described in Schedule "A" attached
hereto and forming part of this by-law, as instrument number
232113;
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 agreement be entered into by the Corporation with
Gordon A. R. Wayland, the 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
February 18, 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 17th day of December, 1987.
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Mayor
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Deputy-Clerk
READ a THIRD TIME and FINALLY PASSED this
1987.
17th day .of..··r:n~~eroþer,
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Mayor
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Deputy-ClerK:___ .._'
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By-Law. No. 1987-105
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 Province of Ontario, and being composed
of lot number twenty-four (24) on the West side of Victoria
Street, Plan 61, in the said Town of Kincardine.
BY-LAW NO. 1987-105
SCHEDULE "B"
THE CORPORATION OF THE TOWN OF KINCARDINE
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THIS AGREEMENT made in triplicate this 17th day of December,
1987, BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE,
hereinafter called the "Corporation"
- and -
WAYLAND, GORDON A. R.
hereinafter called the "Owner".
WHEREAS the Owner is the owner of the land in
Kincardine described in Schedule "A" attached hereto
part of this Agreement.
the Town of
and forming
AND WHEREAS the Owner's land is in arrears of taxes on the
31st day of December, 1986, in the amount of $2,876.44 and a tax
arrears certificate was registered in the Registry Office, Bruce
No.3, on the 18th day of February, 1987, as instrument no.
232113 in respect of the Owner's land.
AND WHEREAS under Section 8 of the Municipal Tax Sales Act,
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 THIS AGREEMENT
consideration of the premises and
obligations hereinafter contained, it
follows:
WITNESSETH that
of the covenants
is hereby agreed
in
and
as
1. The Owner agrees to pay to the Corporation a lump sum of
five hundred dollars ($500.00) by December 31, 1987, and the
sum of one hundred and seventy-five dollars ($175.00)
monthly, payable on the 1st day of each and every month
commencing on the first day of January, 1988, until all tax
arrears, interest, and costs have been paid in full.
2 .
In addition to paying the amounts provided for
the Owner agrees to pay all taxes levied on the
become due during the tenor of this Agreement.
in Clause 1,
land as they
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 he was in 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.
Page 2
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 respec~ 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 Treasurer shall forthwith register a tax arrears
cancellation certificate.
5.
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7.
This Agreement shall
ensure to the benefit
heirs, successors and
extend to and be binding upon and
of the Parties and to their respective
assigns.
8. WhereVer the singular is used herein, it shall be construed
as including the plural, and wherevèr 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
be sufficientl~ given if sent by
post to the Owner at the following
IN WITNESS WHEREOF the
and the Corporation has
affixed, attested by its
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¡'Ii tness
the Owner hereunder shall
registered or certified
address:
Gordon A. R. Wayland
656 victoria Street
Kincardine, Ontario
N2Z 2A5
Owner has hereunto set his hand
caused its Corporate Seal to be
proper officers.
and seal
hereunto
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TIlE CORPORA7ION OF THE TOWN OF
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