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By-law No. 2007-071 By-law 2007-071 A By-law to Enter into an Extension Agreement Page 1 of 6 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2007- 071 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 17th day of July, 2007, 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 Harry Hewbank, executor for the estate of Isabelle Anderson Hewbank, 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 on the terms and generally in the form of Schedule"B" 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; 3. THAT this By—law shall come into force and take effect upon the final passing thereof. READ a FIRST and SECOND time this 19th day of July, 2007. READ a THIRD time and FINALLY PASSED this 19th day of July, 2007 A A '• • CLFtE K By-law 2007-071 A By-law to Enter into an Extension Agreement Page 2 of 6 SCHEDULE "A" To By-Law No. 2007-071 DESCRIPTION OF THE LAND: 9354 James Street Part Lot 111, Concession 7 James St Unnbd Lot Geographic Township of Bayham Now the Municipality of Bayham County of Elgin By-law 2007-071 A By-law to Enter into an Extension Agreement Page 3 of 6 SCHEDULE "B" To By-Law No. 2007-071 EXTENSION AGREEMENT THIS AGREEMENT made in triplicate this 19th day of July, 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the"Corporation") OF THE FIRST PART; - and— Harry Hewbank, Executor of the Estate of Isabelle Anderson Hewbank (Hereinafter called the"Owners") OF THE SECOND PART; WHEREAS the Owners is the owner of the land in the Municipality of Bayham described in Schedule"A" attached hereto and forming part of this Agreement; AND WHEREAS the Owners' land is in arrears of taxes on the 31st day of December, 2006 in the amount of $7,171.85 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 10th day of April, 2007 in respect of the Owners' 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 Owners 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 Owners' 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; 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) July 31, 2010 the payment period for the cancellation price payable in respect of the land. 2. The Owners will make payments to the Corporation in accordance with Schedule "A" attached hereto. a. In addition to paying the amounts provided for in paragraph 1, the Owners may make additional payments in any amount as they deem able. These additional payments will not negate nor be a substitution for the provisions set out in Schedule"A"; and By-law 2007-071 A By-law to Enter into an Extension Agreement Page 4 of 6 b. not later than 30 days following the due date of the last payment under paragraph 1, 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. 3. 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 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 paragraph 2 and 3, during the time this Agreement is in force so long as the Owners is not in default hereunder. 4. In the event the Owners default in any payments required by this Agreement, this Agreement upon notice being given to the Owners by the Corporation, shall be terminated and the Owners 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 Owners. 5. Immediately upon the Owners 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. 6. Notwithstanding the provisions of paragraphs 2 and 3, the Owners 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. 7. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 8. 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. 9. Any notice required to be given to the Owners hereunder shall be sufficiently given if sent by registered mail to the Owners at the following address: 228 Sydenham Street East Aylmer ON N5H 1L9 By-law 2007-071 A By-law to Enter into an Extension Agreement Page 5 of 6 IN WITNESS WHEREOF the Owners have 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. SIGNED, SEALED AND WITNESSED ) THE CORPORATION ) OF THE MUNICIPALITY OF In the Presence of ) BAY HM ) ) Lynn re, MA 7- ) ) itk ) Ly da Millard, CLERK ) } ) OWNERS Am , :do- ) Harry e, bank ) ) By-law 2007-071 A By-law to Enter into an Extension Agreement Page 6 of 6 SCHEDULE "A" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: 1. Payment shall be made by a series of post-dated cheques, cashable one per month in the amount of$500.00 per month for a period of 36 months. This agreement is intended to provide full payment for the following charges: Current Balance $9,566.00 Estimated Taxes 2007-2010 $5,900.00 Estimated Penalty& Interest $2,000.00 Total Charges to be Paid $17,466.00 Number of$500 payments required 35