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HomeMy WebLinkAboutBy-law No. 2013-054 By-law 2013-054 A By-law to Enter into an Extension Agreement Page 1 of 7 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2013-054 BEING A BY—LAW to authorize the execution of a tax arrears extension agreement pursuant to Section 378 of the Municipal Act, 2001. WHEREAS the Corporation of the Municipality of Bayham registered on the 11th day of June, 2012, a tax arrears certificate against the land described in Appendix "A" of the Extension Agreement attached hereto as Schedule"A"; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (1) year following the date of the registration of the tax arrears certificate, a Municipality or Board may by By—law authorize an extension agreement with the owner of the land, the spouse of the owner, a mortgagee or a tenant in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid; AND WHEREAS the statutory period within which such a By-law may be enacted has not elapsed; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts the following as a By—law: 1. THAT an agreement be entered into by The Corporation of the Municipality of Bayham with Kimberly Ostrander, the Owner of the land described in Appendix "A" to extend the time period in which the cancellation price payable on this land is to be paid on the terms and generally in the form of Appendix"B" attached to this By-law in Schedule"A"; 2. THAT the agreement be in substantially the same form and contain the same terms and conditions as set out in Schedule"A", a copy of which is attached hereto. 3 THAT the Mayor and Clerk be and are hereby authorized and directed to enter into the agreement on behalf of the Corporation; By-law 2013-054 A By-law to Enter into an Extension Agreement Page 2 of 7 4. THAT this By—law shall come into force and take effect upon the final passing thereof. READ a FIRST and SECOND time this 6th day of June, 2013 READ a THIRD time and FINALLY PASSED this 6tr y of June, 01 Z.JU,t.6 MA R CLERK By-law 2013-054 A By-law to Enter into an Extension Agreement Page 3of7 SCHEDULE "A" To By-Law No.054 EXTENSION AGREEMENT THIS AGREEMENT made in triplicate this 6th day of June, 2013. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the"Corporation") OF THE FIRST PART; - and— KIMBERLY OSTRANDER (Hereinafter called the"Owner") OF THE SECOND PART; WHEREAS the Owner is the owner of the land in the Municipality of Bayham described in Appendix"A" attached hereto and forming part of this Agreement; AND WHEREAS the Owner's land is in arrears of taxes on the 6th day of June, 2013 in the amount of $10,272.68 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 11th day of June, 2012 in respect of the Owner(s)/SpouselMortgagee/Tenant's land; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (1)year following the date of the registration of the tax arrears certificate, a Municipality or Board may by By—law authorize an extension agreement with the Owner(s) of the land, the spouse of the owner, a mortgagee or a tenant in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner(s)/Spouse/Mortgagee/Tenant's 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; By-law 2013-054 A By-law to Enter into an Extension Agreement Page 4 of 7 NOW THEREFORE THIS AGREEMENT WITNESSETH that i4- consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Corporation will extend to November 29, 2013 the payment period for the cancellation price payable in respect of the land. 2. The Owner will make payments to the Corporation in accordance with Appendix "B" attached hereto. 3. In addition to paying the amounts provided for in paragraph 2, the Owner agrees to pay: a. all further taxes levied on the land as they become due and payable during the term of this Agreement; and b. not later than 30 days following the due date of the last payment under paragraph 2, such additional amount, if any, as is necessary to bring the total amount paid under this Agreement up to the amount of the cancellation price payable in respect of the land. 4. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the Tax Collector 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 paragraph 2 and 3, during the time this Agreement is in force so long as the Owner is not in default hereunder. 5. in the event the Owner defaults in any payments required by this Agreement and upon notice being given to the Owner by the Corporation, this Agreement shall be terminated and the Owner shall be placed in the position he 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. 6. Immediately upon the Owner or any other person making all the payments required under paragraphs 2 and 3, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said lands. 7. Notwithstanding the provisions of paragraphs 2 and 3, 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. 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. By-law 2013-054 A By-law to Enter into an Extension Agreement Page 5 of 7 9. 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 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. 10. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: P.O. Box 265 Port Burwell, Ontario NOJ 1TO IN WITNESS WHEREOF the Owner has hereunto set his/her hand and seal and the Corporation has caused its corporate seal to be hereunto affixed and attested to by its proper signing officers in that behalf. T CORPO I N 0 THE MUNICIPALITY BAY AM c P ' •f MAYOR CLERK Signed at Straffordville, Ontario this 6th day of June, 2013. Rued CLitti2_, eye' Witness Owner By-iaw 2013-054 A By-law to Enter into an Extension Agreement Page 6 of 7 APPENDIX "A" TO EXTENSION AGREEMENT DESCRIPTION OF THE LAND: Plan 12 South Part Lot 18 West Side Robinson St., Municipality of Bayharn, referenced as 29 Robinson Street, Port Burwell, Ontario. By-law 2013-054 A By-law to Enter into an Extension Agreement Page 7of7 APPENDIX "B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: The Owner may make payments at his discretion, during the period June 6th, 2013 to November 29th, 2013, as long as the cancellation price has been fully paid by November 29, 2013.