HomeMy WebLinkAboutBRU 93 012 tax arrear extension
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 93-12
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A BY-LAW authorizing the execution of a tax arrears extension
agreement pursuant to Section 8 of The Municipal Tax Sales Act,
R.S.O. 1990, Chapter M. 60.
WHEREAS the Township of Bruce has registered on the lOth day of
April, 1992 tax arrears cancellation certificates against the lands
described in schedule "A", attached hereto and forming part of this
by-law.
AND WHEREAS section 8 of The Municipal Tax Sales Act 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
Bruce enacts as follows:
That an agreement be entered into by the Corporation with George
Innes Vance, 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 April 10, 1993.
That the agreement be in substantially the same form and contain
the same terms and conditions as set out in the agreement attached
hereto and forming part of this by-law.
That the Reeve and Treasurer be authorized to enter into the
agreement on behalf of the Corporation.
And that this by-law becomes effective as of the date of the final
passing hereof.
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By-law introduced and read a First time this TWENTY-THIRD day of
MARCH, 1993.
By-law read a Second time this TWENTY-THIRD day of MARCH, 1993.
By-law read a Third time and finally passed, signed, sealed, and
numbered 93-12 this TWENTY-THIRD day of MARCH, 1993.
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REEVE
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SCHEDULE "An
LANDS OF TUE OWNER SUBJECT TO TAX REGISTRATION PROCEDURES BY THE
CORPORATION
In the Township of Bruce, in the County öf Bruce more
particularly described as follows:
FIRSTLY: The easterly half of Lot Number 33, in the 5th
Concession of the said Township of Bruce. As previously
described in instrument number 29131. Save and except Part 5 on
Reference Plan 3R-959.
SECONDLY: Lot 24, in the 5th Concession
Bruce containing 100 acres more or less.
on Reference Plan 3R-986.
of the said Township of
Save and except Part 17
THIRDLY: Lot 27, in the 5th Concession of the said Township of
Bruce. Save and except Part 8 on Reference Plan 3R-985.
FOURTHLY: Lot 26, in the 5th Concession of the said Township of
Bruce. Save and except Part 9 on Reference Plan 3R-985.
FIFTHLY: Lot 26 and Part Lot 27, Concession 6, in the said
Township of Bruce described as follows:
Firstly: Lot 26, Concession 6, Save and except the North 10 feet
in perpendicular width.
Secondly: Part Lot 27, Concession 6, described as follows:
Commencing at the southwest angle of said Lot 27.
Thence North along the West limit a distance of 330 feet.
Thence Southeast in a straight line a distance of 402.6 feet to a
point in the South limit of said lot distant 231 feet East of the
southwest angle of said lot.
Thence West along the South limit a distance of 231 feet to the
place of commencement.
As previously described in instrument number 29131.
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This Agreement made this 1st day of April, 1993.
BET W BEN:
THE CORPORATION OF THE TOWNSHIP OF BRUCE
(Hereinafter called the "Corporation")
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GBORGE INNES VANCE,
owner of the land
(Hereinafter called the "owner")
WHEREAS the owner is the owner of the land in the
Township of Bruce described in Schedule "A" attached hereto and
forming part of this agreement.
AND WHEREAS the owner's lands are in arrears of taxes
on the 31st day of December, 1991 in the amounts shown on
Schedule nB" attached hereto and forming part of this agreement.
AND WHEREAS tax arrears certificates were registered in
the Registry Office for the County of Bruce (No.3) as shown on
Schedule "cn attached hereto and forming part of this agreement.
AND WHEREAS under Section 8 of the Municipal Tax Sales
Act, R.S.O. 1990, CM. 60 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 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 all of the lands in accordance with
the following schedule:
Cancellation price to be reduced to $17,250.00 by
December 31, 1993.
Cancellation price to be reduced to $11,500.00 by
December 31, 1994.
Cancellation price to be reduced to $5,750.00 by
December 31, 1995.
Cancellation price to be reduced to $0.00 by December
31, 1996.
2. The owner may make payments when he desires 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 owner shall be applied to the
reduction of cancellation price at the discretion of the
Treasurer of the Corporation and as required by the provisions of
the Municipal Tax Sales Act.
4. It is agreed that the total cancellation price as of
the date of this agreement is $24,373.78.
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5. In addition to paying the amounts provided for in
paragraph 1, the owner agrees to pay all taxes levied on the land
as they become due 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
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 paragraphs 1 and 5, during the time this
agreement is in force so long as the Owner is not in default
hereunder.
7. 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 or she was 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.
8. Immediately upon the Owner 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 of the said lands.
9. Notwithstanding the provisions of paragraphs 1 and 5,
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 the
Treasurer shall forthwith register a tax arrears cancellation
certificate.
10. It is further agreed that upon the execution of this
agreement by the parties, the Treasurer of the Corporation shall
cause tax cancellation certificates to be executed and registered
against the lands FIRSTLY, SECONDLY AND THIRDLY described in
Schedule "A" at which time the terIlls of this agreement will only
be enforceable against the lands FO~THLY AND FIFTULY described
in Schedule "A".
11.
ensure
heirs,
This agreement shall extend to
to the benefit of the parties and
successors and assigns.
and be binding upon and
to their respective
12. 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 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.
13.
shall be
owner at
Any notice required to be given to the Owner hereunder
sufficiently given if sent by registered post to the
the following address:
George I. Vance
R.R. 12
Tiverton, Ontario
NOG 2TO
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IN WITNESS WHEREOF the owner has hereunto set his hand
and seal and the Corporation has caused its Corporate Seal to be
hereunto affixed, attested by its proper officers.
SIGNED, SEALED AND DBLIVERED
) THE CORPORATION OF TUB
) TOWNSUIP OF BRUCB
)
)
)per:
) Reeve
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)per:
) Clerk
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I George I. Vance
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SCBBDULB -A-
TO THE EXTENSION AGREEMENT
T.a1l1ru: OF THE OWNKW SUBJECT TO ~AX REGIS'rRM!ION PROCEDURES BY THE
CORPORA~ION
In the Township of Bruce, in the County of Bruce more
particularly described as follows:
FIRSTLY: The easterly half of Lot Number 33, in the 5th
Concession of the said Township of Bruce. As previously
described in instrument number 29131. Save and except Part 5 on
Reference Plan 3R-959.
SECONDLY: Lot 24, in the 5th Concession
Bruce containing 100 acres more or less.
on Reference Plan 3R-986.
of the said Township of
Save and except Part 17
THIRDLY: Lot 27, in the 5th Concession of the said Township of
Bruce. Save and except Part 8 on Reference Plan 3R-985.
FOURTHLY: Lot 26, in the 5th Concession of the said Township of
Bruce. Save and except Part 9 on Reference Plan 3R-985.
FIFTHLY: Lot 26 and Part Lot 27, Concession 6, in the said
Township of Bruce described as follows:
Firstly: Lot 26, Concession 6, Save and except the North 10 feet
in perpendicular width.
Secondly: Part Lot 27, Concession 6, described as follows:
Commencing at the southwest angle of said Lot 27.
Thence North along the West limit a distance of 330 feet.
Thence Southeast in a straight line a distance of 402.6 feet to a
point in the South limit of said lot distant 231 feet East of the
southwest angle of said lot.
Thence West along the South limit a distance of 231 feet to the
place of commencement.
As previously described in instrument number 29131.
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Sl"RRnULB -B-
TO THE EXTENSION AGREEMENT
TAX ARRBARS OUTSTAJlDIBG OR ~ LANDS DBSCRJ:BBD m SCHEDULB -A- AS
OF DECEMBER 31. 1991
Firstly $324.74
Secondly $2,639.30
Thirdly $2,726.08
Fourthly $6,122.63
Fifthly $9,744.05
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SC!RRDULB ·C·
TO THE EXTENSION AGREEMENT
RBGIS'l'RATION PARTICULARS OF TIlE TAX ARREARS l!RR'PIFlCATBS
uq;rS'l'lmRD AGAINST TIlE LAHDS DESCRIBED IlII SCHEDULE ·A·
TUE LANDS REGISTRATION t REGISTRATION DATE
Firstly 285334 April 10, 1992
Secondly 285330 April 10, 1992
Thirdly 285332 April 10, 1992
Fourthly 285331 April 10, 1992
Fifthly 285335 April 10, 1992
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