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Home My WebLink About12 060 Con A PT Lot 67 & PT Road , Mun of Kin (Geographic Twsp of Kincardine) Extension Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE a • , r fl acwa BY-LAW NO. 2012 - 060 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN EXTENSION AGREEMENT WITH THE OWNERS OF THE PROPERTY LOCATED AT CON A PT LOT 67 & PT ROAD, MUNICIPALITY OF KINCARDINE (GEOGRAPHIC TOWNSHIP OF KINCARDINE) WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide municipalities with the powers of a natural person to enable them to govern their • affairs as they consider appropriate under this or any other Act and to enhance their ability to respond to municipal issues; AND WHEREAS Section 378 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality, by a by -law passed after the registration of the tax arrears certificate and before the expiry of the one -year period mentioned in subsection 379(1) of the Act, may authorize an extension agreement with the owner of the land, the spouse of the owner, a mortgagee or a tenant in occupation of the land extending the period of time in which the cancellation price is to be paid; AND WHEREAS a Tax Arrears Certificate was registered on May 24, 2011 in the Registry Office for the County of Bruce (No. 3) for that property located at Con A PT Lot 67 & Pt Road, Municipality of Kincardine (Geographic Township of Kincardine) identified by Roll Number 41 -08- 210 - 005 - 25500 -0000, being more particularly described in the extension agreement attached to this by -law as Schedule "A "; • AND WHEREAS it is deemed expedient to enter into an extension agreement with the owners of that property identified by Roll Number 41-08- 210 - 005 - 25500- 0000 to extend the period of time in which the cancellation price of the tax arrears may be paid; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into an extension agreement with the owners of the property known as Con A PT Lot 67 & Pt Road, Municipality of Kincardine (Geographic Township of Kincardine) and identified by Roll Number 41 -08- 210 - 005 - 25500 -0000, to extend the period of time in which the cancellation price for the outstanding taxes may be paid. 2. That the Mayor and Chief Administrative Officer be hereby authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine the extension agreement with the owners of that • property identified by Roll Number 41 -08- 210 - 005 - 25500 -0000 and attached to this by -law as Schedule "A ". 3. This by -law shall come into full force and effect upon its final passage. ...12 Page 2 Con A PT Lot 67 & Pt Road, Municipality of Kincardine (Geographic Township of Kincardine) Extension Agreement By -law By -law No. 2012 - 060 • 4. This by -law may be cited as the "Con A PT Lot 67 & Pt Road, Municipality of Kincardine (Geographic Township of Kincardine) Extension Agreement By -law'. READ a •' ST an. • C D TIME this 16 day of May, 2012. or Clerk READ a THIRD TIME and FINALLY PASSED this 16 day of May, 2012. 0 ay: Clerk • • • EXTENSION AGREEMENT This Agreement made in triplicate this 16 day of May, 2012. BETWEEN The Corporation of the Municipality of Kincardine (Hereinafter called the "Corporation ") of the First Part - and - JOYCE MARGARET WINEGAR ROBERT ELLIOT WINEGAR (Hereinafter called the "Owners ") of the Second Part WHEREAS the Owners are the Owners of the land in the Municipality of Kincardine described in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS a tax arrears certificate was registered in the Registry Office for the County of Bruce (No. 3) as shown on Schedule "B" attached hereto and forming part of this Agreement; AND WHEREAS under section 378 of the Municipal Act S.O. 2001, c 25 a municipality may by by -law, authorize an extension Agreement be entered into by the Corporation with the Owners before the expiry of one (1) year following the date of the registration of the tax arrears certificate, to extend the period of time in which the cancellation price in respect to the Owners' land is to be paid; AND WHEREAS the period during which there is a subsisting extension agreement shall not be counted by the Treasurer in calculating the periods mentioned in sub - section 379(1) of the Municipal Act, 2001; 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 Owners agree to pay to the Corporation an amount throughout the term of this Agreement which will reduce the cancellation price owing on the lands in accordance with the following schedule: Payment in the amount of $1,500 by May 18, 2012 Payment in the amount of $1,500 by July 18, 2012 Payment in full of the remaining outstanding balance as calculated on or before August 17, 2012. 2. The Owners may make payments when they desire provided the balance of the cancellation price is reduced to the amounts agreed at the dates specified in Paragraph 1. 3. The amounts paid by the Owners shall be applied to the reduction of the cancellation price at the discretion of the Treasurer of the Corporation and as required by the provisions of the Municipal Act S.O. 2001, c. 25. -2- 4. It is agreed that the total cancellation price as of May 5 2012 is $4,237.37. 5. In addition to paying the amounts provided for in Paragraph 1, the Owners agree to pay all taxes levied on the land as they become due and payable during the term of this Agreement. 6. Notwithstanding any of the provisions of this Agreement, the Municipal Act, R.S.O. 1990, CM 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 Supervisor of Revenue Services and Taxation of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall enforce collections of such tax payments, except as set out in Paragraphs 1 and 5, during the time this Agreement is in force so long as the Owners are not in default hereunder. 7. In the event the Owners default in any payments required by this Agreement, this Agreement upon notice being given to the Owners by the Corporation, shall be terminated and the Owners shall be placed in the position they were 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 Owners. 8. Immediately upon the Owners making all the payments required under Paragraphs 1 and 5, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect to the said lands. 9. Notwithstanding the provisions of Paragraphs 1 and 5, the Owners or 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. 10. This Agreement shall extend to and be binding upon and endure to the benefit of the parties and to their respective heirs, successors and assigns. 11. If any paragraph or part of paragraphs in this Agreement is determined by a court or tribunal of competent jurisdiction to 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 full 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. 12. Any notice required to be given to the Owners hereunder shall be sufficiently given if sent by registered post to the Owners at the following address: Joyce Margaret Winegar Robert Elliot Winegar 26 Mckibbon Street RR#4 Orangeville, Ontario L9W 2Z1 - 3- IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its Mayor and Chief Administration Office (CAO) this 23 day of May 2012. The Owners have hereunto set their hands this Z 6 day of May 2012. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) MUNICIPALITY OF KINCARDINE __ ) per /PA Mayor . rry Kraejer ) Per I !et��. L - J CAO - Murray Clarke - Jr or ., . . .0 acs t� , $.4--- , A.- - ' j a i witness Joyce Margar inegar tr c"ii /� - 4�.. .^� ) Per: witness Robert Elliot Far SCHEDULE "A" TO THE EXTENSION AGREEMENT LANDS OF THE OWNERS SUBJECT TO TAX REGISTRATION PROCEDURES BY THE CORPORATION Con A PT, Lot 67 & PT Road Geographic Township of Kincardine Now the Municipality of Kincardine County of Bruce (No. 3) SCHEDULE "B" TO THE EXTENSION AGREEMENT REGISTRATION PARTICULARS OF THE TAX ARREARS CERTIFICATE REGISTERED AGAINST THE LANDS DESCRIBED IN SCHEDULE "A" THE LANDS REGISTRATION # REGISTRATION DATE Con A PT Lot 67 & PT Road 342080 May 24, 2011 Geographic Township of Kincardine Now the Municipality of Kincardine County of Bruce (No. 03)