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HomeMy WebLinkAboutBy-law No. 2014-077 By-law 2014-077 A By-law to Enter into an Extension Agreement Page 1 of 6 THE CORPORATION OF THE MUNCIPALITY OF BAYHAM BY-LAW NO. 2014- 077 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 2nd day of July, 2013, a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this By-law; 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 1478430 Ontario Inc (C/O John Tschirhart), the Owner(s)/SpouselMortgageelTenant 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 on the terms and generally in the form of Schedule "C" attached to this By-law; 2. THAT the agreement be in substantially the same form and contain the same terms and conditions as set out in Schedule"B", 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; 4. THAT this By-law shall come into force and take effect upon the final passing thereof. READ a FIRST and SECOND time this 26th day of June, 2014. READ a THIRD time and FINALLY PASSED this 26th day of June, 2014. faj MAYOR CLERK By-law 2014-077 A By-law to Enter into an Extension Agreement Page 2 of 6 SCHEDULE "A" To By-Law No. 2014-077 DESCRIPTION OF THE LAND: 34-01-004-001-03800-0000 Frontage: 50 Depth 148 6221 Plank Road Plan 54 PT Lots 2 to 4 and I 1R1199 Part 3 By-law 2014-077 A By-law to Enter into an Extension Agreement Page 3 of 6 SCHEDULE"B" To By-Law No. 2014-077 EXTENSION AGREEMENT THIS AGREEMENT made in triplicate this 26th day of June, 2014. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the"Corporation") OF THE FIRST PART; - and— 1478430 Ontario Inc(c/o John Tschirhart) (Hereinafter called the "Owner(s)/Spouse/Mortgagee/Tenant") OF THE SECOND PART; WHEREAS the Owner(s)/Spouse/MortgageelTenant is the owner of the land in the The Corporation of the Municipality of Bayham (Municipality) described in Schedule 'A"attached hereto and forming part of this Agreement; AND WHEREAS the Owner(s)/Spouse/Mortgagee/Tenant's land is in arrears of taxes on the 26th day of June, 2014 in the amount of$21,673.22 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 2nd day of July, 2013 in respect of the Owner(s)/Spouse/Mortgagee/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/MortgageelTenant'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 2014-077 A By-law to Enter into an Extension Agreement Page 4 of 6 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 Corporation will extend to (final date of extension) June 30th, 2015 the payment period for the cancellation price payable in respect of the land. 2. The Owner(s)/Spouse/Mortgagee/Tenant will make payments to the Corporation in accordance with Schedule "C"attached hereto. 3. In addition to paying the amounts provided for in paragraph 2, the Owner(s)/Spouse/Mortgagee/Tenant 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 0 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 Owners)/Spouse/Mortgagee/Tenant is not in default hereunder. 5. In the event the Owner(s)/Spouse/Mortgagee/Tenant defaults in any payments required by this Agreement and upon notice being given to the Owner(s)/Spousel Mortgagee/Tenant by the Corporation, this Agreement shall be terminated and the Owner(s)/Spouse/Mortgagee/Tenant 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(s)/Spouse/Mortgagee/Tenant. 6. Immediately upon the Owner(s)/Spouse/Mortgagee/Tenant 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(s)/Spouse/ Mortgagee/Tenant 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. By-law 2014-077 A By-law to Enter into an Extension Agreement Page 5 of 6 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 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(s)/Spouse/Mortgagee/Tenant hereunder shall be sufficiently given if sent by registered mail to the Owner(s)/Spouse/Mortgagee/Tenant at the following address: 6221 Plank Road, Vienna Ontario NOJ 1Z0 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. THE CORPORATION OF THE MUNICIP ITY OF BAYHAM ..,,,a MAYOR - ,y1-Is CLERK Signed at the The Corporation of the Municipality of Bayham this 26th day of June, 2014. (municipality) LJ .iphh ,. w 1.1..." r , 4 k "�VLV witness gna re of Owner(s)/Spouse/Mortgagee/Tenant witness Signature of Owner(s)/Spouse/Mortgagee/Tenant By-law 2014-077 A By-law to Enter into an Extension Agreement Page 6 of 6 SCHEDULE "C" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: $8,400 payment due to July 10, 2014 $1,150 payment due to July 31, 2014 $1,150 payment due to August 31, 2014 $1,150 payment due to September 30, 2014 $1,150 payment due to October 31, 2014 $1,150 payment due to November 30, 2014 $1,150 payment due to December 31, 2014 $1,150 payment due to January 31, 2014 $1,150 payment due to February 28, 2014 $1,150 payment due to March 31, 2014 $1,150 payment due to April 30, 2014 $1,150 payment due to May 31, 2014 $1,150 payment due to June 30, 2014 In addition to the payments of above, to keep the account in good standing and not default causing a tax property sale, the owner is still responsible for making quarterly tax payments as issued by The Corporation of the Municipality of Bayham, by each respective due dates.