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HomeMy WebLinkAboutTWP 87 020 Tx Arrears Ext-Leppe ~-~:;. · · · · . . 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. ~~~~ a F~~ se~~~d;fan~~~e a~dl~~~~llY passed XL REEVE ',r '... , - . - ~ ~-cc "-",..;1; . A~;.j..i C RK-TREASUR __=__----- I !I !I i i . ~.. --- · · · · . SCHEDULE "A" TO BY-LAW NO. 87-20 Description of the Land: . Lots 29 and 30, Concession 3, North of the Durham Road, in the Township of Kincardine, County of Bruce. ., ..:~ !~ .;.' . .> . . ~ . . .- 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 . ¿. .' . . . " !! . . - 2 - 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. j}AuLt~ #~ SIGNED, SEALED AND DELIVERED by the Owners in the presence of THE CORPORATION OF THE TOWNSHIP OF KINCARDINE per: "'~---- .>..,.. . ~ ,........ ....~ ~-,... - '.' ..... v........... -- '"....,...... Þ. eev. .'. - - ';-'~ - ......; - -- - ~. ~, -. - ~ ,- v ., ) ) ) ) ) ) ) ) ) ) ) . - --_."","-'- - ~tI~. DAVID NEWBURY LEPPER df~ff- ~,.Jt Y EVELYN PER