HomeMy WebLinkAboutTWP 87 020 Tx Arrears Ext-Leppe
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW NO.
87-20
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 Township of Kincardine has registered on the
10th day of October, 1986, a Tax Arrears Certificate against
the land described in Schedule "A" attached hereto and forming
part of this By-Law.
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
Township of Kincardine Enacts As Follows:
That an Agreement be entered into by the Corporation with
David Newbery Lepper and Mary Evelyn Lepper, the Owners 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 October 10, 1987.
That the Reeve and Clerk-Treasurer be authorized to enter
into the Agreement on behalf of the Corporation.
And Further that this By-Law becomes effective as of the
date of final passing hereof.
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REEVE
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SCHEDULE "A"
TO BY-LAW NO. 87-20
Description of the Land:
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Lots 29 and 30, Concession 3, North of the Durham Road, in
the Township of Kincardine, County of Bruce.
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This Agreement made this ~ day of October, 1987.
BETWEEN:
THE CORPORATION or THE
TONRSBIP or KIBCARDIBE
(hereinafter called the "Township")
-and-
DAVID BE.BORY LEPPER and
MARY EVELYR LEPPER
(hereinafter called the "Owners")
WHEREAS tax arrears have been owing with respect to the land
described in Schedule "A" hereto since the year 1982;
AND WHEREAS a tax arrears certificate has been registered in
the Land Registry Office for the Registry Division of Bruce
(No.3) on the lØth day of October, 1986 as number 228864 against
the title to the said land;
AND WHEREAS the cancellation price as of the date of this
agreement in respect of the said land is as set out below:
1982 Tax Arrears
Penalty to date
1983 Tax Arrears
Penalty to date
1984 Tax Arrears
Penalty to date
1985 Tax Arrears
Penalty to date
1986 Tax Arrears
Penalty to date
1987 Taxes
February instalment
Penalty to date
May instalment
Penalty to date
August instalment
Penalty to date
Costs to date- Legal fees
Disbursements
Costs of preparing this agreement
$1,882.19
235.29
3,Ø18.82
1,833.6Ø
3,Ø6Ø.67
1,433.ØØ
1,128.32
383.53
1,243.95
237.53
311.97
31. 2Ø
31Ø.ØØ
19.38
345.88
8.64
3ØØ.ØØ
41. 75 .
75.ØØ
$15,9ØØ.72
AND WHEREAS the Owners are the owners of the said land and
have requested that the Township enter into an extension
agreement extending the period of time in which the cancellation
price is to be paid pursuant to section 8(1) of the Municipal Tax
Sales Act, 1984, S.O. 1984, Chapter 48 (hereinafter called the
"Act") :
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration
the mutual covenants and agreements herein contained the parties
agree as follows:
1.
The Owners shall pay the cancellation price as follows:
(a) the sum of $4,288.92 shall be paid on the date of
signing of this agreement;
(b) the net proceeds of the sale of that part of the
said land which the Township is to acquire from the
Owner pursuant to an option to purchase for road
widening purposes shall be retained by the Township and
applied to the cancellation price:
(c) the balance of the cancellation price shall be
paid on the 5th day of October, 1988.
2. The cancellation price shall mean the "cancella tion price"
as defined in section l(l)(a) of the Act and accordingly shall
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include all further real property taxes, and interest and
penal ties thereon which may become owing from the date of this
agreement until the final payment is made under paragraph 1
above.
2. This Agreement shall cease to be considered a subsisting
agreement immediately upon the Owners defaulting on any payment
to be made under paragraph 1 hereof, in which event the Township
may continue its proceedings taken in respect of the said land
under the Act.
3. Any person may pay the cancellation price at any time and
this agreement terminates upon payment of the cancellation price
by any person.
4. This agreement shall enure to the benefit of and shall be
binding upon the heirs, executors, administrators and assigns of
the parties hereto.
IN WITNESS WHEREOF the Township has hereunto affixed its
corporate seal attested by the hands of its duly authorized
officers and the Owners have hereunto set their hands and seals.
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SIGNED, SEALED AND DELIVERED
by the Owners in the presence
of
THE CORPORATION OF THE TOWNSHIP
OF KINCARDINE
per:
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DAVID NEWBURY LEPPER
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Y EVELYN PER