th DAY OF JULY A.D., 2001

Transcription

1 THE CORPORATION OF THE CITY OF BROCKVILLE BYLAW NO BEING A BYLAW TO AUTHORIZE AN EXTENSION AGREEMENT PURSUANT TO THE MUNICIPAL TAX SALE ACT, C.m60 WHEREAS Section 8 of the Municipal Tax Sale Act, c.m60, R.S.O provides that a municipality may by bylaw authorize an agreement with the owner(s) of land(s) extendg the time period durg which the cancellation price can be paid to redeem a property that has been regtered for tax sale under the said act; and WHEREAS a tax arrears certificate has been regtered agast the land(s) known as lot 2, block 2 of regtered plan 236 the City of Brockville, County of Leeds; and WHEREAS the owner(s) of the said land(s), tax account 5894, have made application to the City for an agreement to extend the period of time which the cancellation price payable on the land to be paid. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF BROCKVILLE ENACTS AS FOLLOWS: 1. THAT an agreement be entered to by the Corporation with the owner(s) of the said land to provide an additional period of time which the cancellation price payable on th land to be paid beyond July 10, 2002 atl2:00 noon. 2. THAT the agreement be substantially the same form and conta the same terms and conditions as set out Schedule A attached hereto and formg part of th bylaw. 3. THAT the Mayor and Treasurer be authorized to execute the extension agreement on behalf of the Corporation. GIVEN UNDER THE SEAL OF THE CORPORATION OF THE CITY OF BROCKVILLE AND PASSED THIS 10 th DAY OF JULY A.D., 2001 MAYOR

2 AND MUNICIPAL SCHEDULE TAX A TO BYLAW BETWEEN THE CORPORATION OF THE BARBARA WADDINGHAM SALE EXTENSION AGREEMENT CITY OF BROCKVILLE AND WILLIAM LEONARD WADDINGHAM THIS AGREEMENT made triplicate the 10 Day of July A.D., 2001 BETWEEN: BARBARA WADDINGHAM (Owner) WILLIAM and LEONARD WADDINGHAM (Spouse of the Owner) hereafter called the Owner ; OF THE FIRST PART and THE CORPORATION OF THE CITY OF BROCKVILLE hereafter called the City ; OF THE SECOND PART WHEREAS City of Brockville ByLaw Number to an agreement to extend the period of time more particularly described as lot 2, block 2, regtered plan authorizes the City to enter which the owner(s) of certa property, the City of Brockville, County of Leeds and known municipally as 78 Butterfield Place, Brockville, Ontario, Canada, may pay the cancellation price payable on the said land(s); and of Leeds. WHEREAS the Owner the owner of the said land the City of Brockville, County NOW THEREFORE THE AGREEMENT WITNESSETH THAT, consideration of the premes and of the covenants and obligations hereafter contaed and payment of sum of $5, the receipt of which as follows: hereby acknowledge by the City, it hereby agreed 1. Notwithstandg any of the provions of th Agreement, the Municipal Tax Sale Act, R.S.O. 1990, c.m.45, as amended, shall contue 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 waivg the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as hereafter set out durg the time th Agreement default hereunder. so long as the Owner not force 2. The cancellation price (less the sum of $5,043.97) payable on the said land paid no later than 12:00 noon on July 10, to be 3. In the event the Owner defaults the payments required by th Agreement, th Agreement, upon notice beg given to the Owner, shall be termated and the Owner shall be placed to. In the same position as before th Agreement was entered the event of default, th Agreement shall cease to be considered a substg agreement on the day that notice of termation sent to the Owner. 4. Immediately upon the Owner makg the required payments as stipulated clause 2 of th Agreement, th Agreement shall be termated and, the Treasurer shall forthwith regter a tax arrears cancellation certificate respect of the said land Notwithstandg the provions of clause 2, the Owner and any other person may at any time pay the cancellation price payable on the said land and upon receipt of the aforesaid payment by the Corporation, th Agreement shall termate and the Treasurer shall forthwith regter a tax arrears cancellation certificate. Th Agreement shall extend to and be bdg upon and enure to the benefit of the Parties hereto and to their heirs, successors and assigns.

3 2 7. If any paragraph or part of a paragraph th Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remag provions of the Agreement shall rema full force and effect and shall be bdg upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs has never been cluded. 8. Any notice required to be given to the Owner hereunder shall be fully and sufficiently given if sent by regtered post to the Owner at the followg address: Barbara Waddgham William Leonard Waddgham 78 Butterfield Place Brockville, ON K6V 1M5 In WITNESS WHEREOF the parties hereto have set their hand and seal. SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF ON BEHALF OF THE CORPORATION MAYOR JI9LERK

4 SCHEDULE A TO BYLAW MUNICIPAL TAX SALE EXTENSION AGREEMENT BETWEEN THE CORPORATION OF THE CITY OF BROCKVILLE AND BARBARA WADDINGHAM AND WILLIAM LEONARD WADDINGHAM THIS AGREEMENT made triplicate the 10 Day of July A.D., 2001 BETWEEN: BARBARA WADDINGHAM (Owner) and WILLIAM LEONARD WADDINGHAM (Spouse of the Owner) hereafter called the Owner ; OF THE FIRST PART and THE CORPORATION OF THE CITY OF BROCKVILLE hereafter called the City ; OF THE SECOND PART WHEREAS City of Brockville ByLaw Number authorizes the City to enter to an agreement to extend the period of time which the owner(s) of certa property, more particularly described as lot 2, block 2, regtered plan 236 the City of Brockville, County of Leeds and known municipally as 78 Butterfield Place, Brockville, Ontario, Canada, may pay the cancellation price payable on the said land(s); and WHEREAS the Owner the owner of the said land the City of Brockville, County of Leeds. NOW THEREFORE THE AGREEMENT WITNESSETH THAT, consideration of the premes and of the covenants and obligations hereafter contaed and payment of sum of $5, the receipt of which hereby acknowledge by the City, it hereby agreed as follows: 1. Notwithstandg any of the provions of th Agreement, the Municipal Tax Sale Act, R.S.O. 1990, c.m.45, as amended, shall contue 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 waivg the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as hereafter set out durg the time th Agreement force so long as the Owner not default hereunder. 2. The cancellation price (less the sum of $5,043.97) payable on the said land to be paid no later than 12:00 noon on July 10, In the event the Owner defaults the payments required by th Agreement, th Agreement, upon notice beg given to the Owner, shall be termated and the Owner shall be placed the same position as before th Agreement was entered to. In the event of default, th Agreement shall cease to be considered a substg agreement on the day that notice of termation sent to the Owner. 4. Immediately upon the Owner makg the required payments as stipulated clause 2 of th Agreement, th Agreement shall be termated and, the Treasurer shall forthwith regter a tax arrears cancellation certificate respect of the said land. 5. Notwithstandg the provions of clause 2, the Owner and any other person may at any time pay the cancellation price payable on the said land and upon receipt of the aforesaid payment by the Corporation, th Agreement shall termate and the Treasurer shall forthwith regter a tax arrears cancellation certificate. 6. Th Agreement shall extend to and be bdg upon and enure to the benefit of the Parties hereto and to their heirs, successors and assigns.

5 2 7. If any paragraph or part of a paragraph th Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remag provions of the Agreement shall rema full force and effect and shall be bdg upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs has never been cluded. 8. Any notice required to be given to the Owner hereunder shall be fully and sufficiently given if sent by regtered post to the Owner at the followg address: Barbara Waddgham William Leonard Waddgham 78 Butterfield Place Brockville, ON K6V 1M5 In WITNESS WHEREOF the parties hereto have set their hand and seal. SIGNED, SEALED ANDDEL1VERED Spouse of OwIier ON BEHALF OF THE CORPORATION MAYOR

6 Provce Ontario Document General _ Form 4 Land Regtration Reform Act (1) Regtry Do Process Software Ltd. File No (416) Land Titles f2) Page 1 of 2 pages (3) Property Block Property Identifier(s) Addition: See Schedule co C) Ui J C) Lii C) cr:: c L_ U. L44 UJ. 4 C\J CL.1 LU C\J I (4) Nature of Document BYLAW NO Section 18 (1)(2)(3) of theretry Act. (5) Consideration (6) Description All of Lot 2 Plan 236 City of Brockville County of Leeds Dollars $ < New Property Identifiers Add itional: See Schedule Executions Additional: See Schedule (7) Th Document Contas: (a)redescription New Easement Plan/Sketch (b) Schedule for: LI Description LI Additional Parties LI Other (8) Th Document provides as follows: See Attached ByLaw Number ( (9) Th Document relates to strument number(s) (10) Party(ies) (Set out Status or Interest) Contued on Schedule LI Name(s) Siat e( Date of Signature M THE CORPORATION OF THE CITY OF BROCKVILLE y.c,chac!14ston \ j 2002 Q?. P. 0. Box 5000, Brockville, Ontario K6V 7A5 (12) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D (13) Address for Service (14) Municipal Address of Property N/A (15) Document Prepared by: Michael M. Johnston Stewart, Corbeft 21 Court House Ave. P.O. Box 187 Brockville, Ontario K6V 5V2 I Regtration Fee Total Fees and Tax Document prepared usg The Conveyancer