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HomeMy WebLinkAbout13 126 Cost Order Repayment Agreement By-law (Atkinson) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Kar S 7 a E ' 7 t 1 pA41Y Of KMCP� BY -LAW NO. 2013 — 126 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A COST ORDER REPAYMENT AGREEMENT WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act • shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a payment agreement for a Cost Order with respect to legal fees incurred on a specific property; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine, ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into a Cost Order Repayment Agreement with Dianne Atkinson attached hereto as Schedule "A ". 2. That the Treasurer be authorized to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, Cost Order Repayment • Agreement with Dianne Atkinson attached hereto as Schedule "A ". 3. This by -law may be cited as the "Cost Order Repayment Agreement By- law". READ FIRST and SECOND time this 2nd day of October, 2013. ii ■ Mayor Clerk r READ a THI ' e an. _NNALLY PASSED this 2 day of October, 2013. 0 Mayor Clerk 110 September 10, 2013 The Corporation of the Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 Attention: Roxana Baumann To Whom it May Concern: This is in response to the Writ of Seizure and Sale that was filed by Tammy Grove - McClement on the behalf of the Muncipality in the Superior Court of Justice, Walkerton dated August 28, 2013. The writ was filed in an attempt to recover the costs of $27,433.09 together with interest at 3 per cent per year commencing on October 4, 2012plus fees and expenses in enforcing this writ to date, pertaining to Court file number 35/12. After my discussion with Roxana Baumann on Monday September 9, 20131 have looked at my financial position to be able to propose the following repayment schedule: 1. To have a statement of amount owing including interest to the date of September 15 , 2013 2. To make a payment of no less than $100.00 on or before the 15 of each month, commencing with September 15 2013 3. To be able to make larger payments i �f rnds become available with no penalty to me and no expectation of yeti to do so each month. 4. To be able to attain a statement of amount that remains owing at the end of 2013 and every 6 months there after until the amount is paid in full. • - • - - - _ • _ = _ - - • Cor*r\ued or\ 69e a Date:' v v 1 '4' m Dianne Atkinson Date: oY-r'. ab l3 Representative of Municipality Page 2 5. The parties acknowledge that the Writ of Seizure and Sale of Land, referred to on page 1 herein, relates to a Cost Order dated October 4, 2012 against Anthony Troy Woods in favour of the Municipality. 6. Notwithstanding any payment arrangement agreed to between Dianne Atkinson and the Municipality, the parties acknowledge that the Municipality is permitted to take any enforcement mechanisms available to it to recover the Cost Order dated October 4, 2012, including interest and costs, from Anthony Troy Woods. 7. The Municipality agrees not to enforce the Writ of Seizure and Sale of Land, as against the property municipally known as 24 Wickham Street, Tiverton, Ontario, which is jointly owned by Anthony Troy Woods and Dianne Atkinson, so long as Dianne Atkinson is making reasonable payments of not Tess than $100.00 per month to the Municipality, as set out in paragraphs 2 and 3 on page 1 herein, and the Writ of Seizure and Sale of Land, including interest and costs, has been satisfied within ten (10) years of the date of this Agreement. 8. If there remains an outstanding balance ten (10) years from the date of this Agreement, the Municipality shall be permitted to take whatever steps necessary, including enforcing the Writ of Seizure and Sale of Land. 9. Notwithstanding the terms in this Agreement, the parties acknowledge and agree that if the property known as 24 Wickham Street, Tiverton is sold or used as security for financing purposes, the Writ of Seizure and Sale of Land, including interest and costs, shall become due in full, including interest and costs. 10. The parties acknowledge that the Municipality is entitled to renew the Writ of Seizure and Sale of Land for so long as the Cost Order dated October 4, 2012 remains outstanding. 11. The parties acknowledge that this Agreement in no way affects the right of the Municipality to take any action related to any property taxes owing on the property known as 24 Wickham Street, Tiverton nor does it waive any obligation on the part of Dianna Atkinson to pay property taxes. Date: ali-e}n ( do 13 � ti o 1c_ Dianne Atkinson Date: ©G'o' T a O!'J Representative of Municipality