HomeMy WebLinkAbout97-108 i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-108
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and Nelda Roxanne Dawson and Wayne Clair Allen
pursuant to the provisions of Section 8 of the Municipal Tax Sales Act.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON:
1. THAT the Mayor and Clerk are authorized to execute on behalf of the Corporation of the
Municipality of Clarington an Extension Agreement referenced by Report TR-37-97 and
authorized by the confirming By-Law #97-105 provided that the Extension Agreement is
executed by all parties thereto on or before May 15, 1997.
By-Law read a first and second time this 26th day of May, 1997.
By-Law read a third and finally passed this 26th day of May, 1997.
Mayor
Clerk
4
4
Y
THIS EXTENSION AGREEMENT made as of this 12th day of May 1997.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the Municipality)
OF THE FIRST PART
- and
NELDA ROXANNE DAWSON
WAYNE CLAIR ALLEN
(hereinafter called the "Ratepayer")
OF THE SECOND PART
WHEREAS:
A. The lands and premises affected by this Extension Agreement which are described
in Schedule "A" hereto are hereinafter called the "Lands".
B. The Ratepayer is the owner of the Lands and at all material times has been and is
shown as such on the assessment roll of the municipality.
C. A tax arrears certificate was registered against the title to the Lands in the Land
Registry Office for the Land Registry Division of Durham (No. 40) as Instrument No. D470603
on May 16, 1996. A copy of the tax arrears certificate is contained in Schedule "B" hereto.
D. The Ratepayer has agreed that the amount of the tax arrears shown in the tax
arrears certificate referred to in Recital C is correct.
E. The Municipality has not received payment of the "cancellation price" as provided
for by the Municipal Tax Sales Act, R.S.O. 1990 c. M-60 (the "Act") except for payment of the
amount of six thousand five hundred (9$6,500.00) by the ratepayer to the Municipality of
Clarington on execution of this Agreement.
F. By letter dated May 6, 1997 a copy of which is contained in Schedule "C" hereto,
the Ratepayer has requested that the Municipality enter into this Extension Agreement pursuant
to Section 8 of the Act.
G. This Extension Agreement is made pursuant to the provisions of Section 8 of the
Act and is authorized by By-Law No. #97- passed on May 12, 1997 a copy of which is
contained in Schedule "D" hereto. (to be annexed when enacted).
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of the premises and the covenants hereinafter expressed, and the sum of two dollars
(9$2.00) of lawful money of Canada, now paid by each Party to the other, (the receipt of whereof
by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each
other as follows:
1• In this Extension Agreement the term "cancellation price" has the same meaning
as it has in the Act.
2• The Ratepayer represents and warrants to the Municipality that each of Recitals A
to r of this Extension Agreement is correct.
-A
Page 2
3. The Ratepayer acknowledges and agrees that the amount of the tax arrears shown
on the Tax Arrears Certificate contained in Schedule "B" is correct.
4. The period of time in which the cancellation price is to be paid is extended for
the period during which this Extension Agreement subsists. This Extension Agreement shall
subsist so long as each of the payments set out below is made to the Municipality in accordance
with this Extension Agreement on or before the dates set out below opposite the respective
amounts to be paid:
;i Amount ]jute
$6,500.00 May 15, 1997
1,500.00 the 15th day of each month
commencing on the 15th day of
June, 1997 and ending on the
earlier of (i) May 15, 1998 and
(ii) the date upon which the
Lands are transferred by the
Ratepayer.
The amount which is equal to the earlier of (i) May 15, 1998
balance of the cancellation and (ii) the date upon which the
price required to be paid Lands are transferred by the
pursuant to the Act. Ratepayer.
All payments shall be made by certified cheque, money order or cash delivered to
the Municipality's Treasurer at the Municipal Administrative Centre, 40 Temperance Street,
Bowmanville, Ontario during the Municipality's regular business hours.
5. In the event that any of the payments referred to in paragraph 4 of this Extension
Agreement is not made in accordance with paragraph 4, thereupon this Extension Agreement
shall cease to subsist for the purposes of the Act.
6. The Parties acknowledge that any person may pay the cancellation price at any
time.
7. This Extension Agreement shall terminate upon payment of the cancellation price
by any person.
8. The Ratepayer acknowledges that each provision of this Agreement and its recitals
is authorized by law and that this Agreement is executed by the Municipality in reliance on the
Ratepayer's acknowledgement in this regard.
9. The Ratepayer shall not assign this Extension Agreement to any person and shall
not register this Extension Agreement against the title to the Lands.
10. Time shall be of the essence of this Extension Agreement.
Page 3
IN WITNESS WHEREOF the Municipality has hereunto affixed its corporate
seal by the hands of its proper officers duly authorized in that behalf and the Ratepayer has
hereunto set his hand and seal the day and year first above written.
SIGNED, SEALED AND THE CORPORATION OF THE
DELIVERED MUNICIPALITY OF CLARINGTON
ayor: Diane Hamre
�' crk: Patti Barrie
NELDA R NE DAWSON
Name
NE CLAIR ALLEN
Name
a
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
enacted and passed the 12th day of May 1997.
LEGAL DESCRIPTION OF LANDS
Part of Town Lots 101 and 102, Block "N"
according to John Grant's Plan of
Part of Lot 12, Concession 1
Geographic Township of Darlington
Municipality of Clarington,
Regional Municipality of Durham,
designated as Parts 1, 2, 3 and 4 on Plan 1OR-2262.
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
r,nnr;le'd nrld 1u15scd Ills; 12111 (lily of Mily 1,997.
TAX ARREARS CERTIFICATE
P'°�^°° Document General
Ontario Form 1—Municipal Tax Salo$Act,R,S•O,1990,C.M.60,R.R,O.1990,Rog.824
Fmm 4—Land Roglatration Reform Act,R.S.O.1990,c.L.4,R.R.O. 1990,Rog,688 D
(1) Registry ® Land Tlllos ( } Po e 1 0l
❑ 2 9 1 Pagos
(3) Property Block
Identlllor s Property
( ) Additional:
Sao ❑
(4) Nature of Document "
Schedule
[Now ra Tax Arrears Certificate Form 1 --Municipal Tax Sales Act
C_1 n. (5) Consideration
L= fi C. `_. Nrq Dollars S• � N!A
u (6)Description
.--I Part of Town Lots 101 fi 102 Block "N"
,?e, according to John Craat's Nlall of fart of Lot .12, Concessiotl Geographic 'Township of Darlington
W Municipality of'Clnrington
perty Identifiers Regional Municipality of Durham
Additional: designated as Parts 1,2,3 and 4 on Plan lOR-2262,
Soh ❑
Schedule
Ezoculione
Additional: (7) This (o)Re description
Sao ❑ Document New Easement (b) Schedule tor:
Schedule Contolns: Pion/Sketch Additional
(s) This Document providos as follows: ❑ Description❑ Panles ❑ Other ❑
The person signing In Box 10 hereby certifie6eat all or part of lax arrears in the amount of ,,,,,,
owing on the 31st day of December, 19 ,, b and at least part of such amount plus any additional real properly lazes and. were
costs is still owing to the municipality or board named in Box 10 and That the land d0Seribod In this document will be sold by public solo
if the cancellation price Is not paid within one year following the date of registration of this document,
Notes:
A. The time period for paying the cancellation price may be extended it the municipality or board authorizes an extension agroomoni
with the owner of the land before the expiry of the one-year period.
B. The cancellation price will be calculated as of the date that the amount of tho tax arrears are paid to the municipality or board and
will be higher than tho amount sot out abovo,
C. If there is no successful purchaser at the public sale,tho land,upon registration of a notice Of vesting,will vest in lho municipality
or board,
D. Any inquiries relating to this matter may be directed to the municipality or board namod in Box 10 at the addross shown in Box 11.
Contin7So U
(9) This Document relates to Instrument number(s)
N/A
(10) P"Y,io+)(Set out status or Interest)
Nnmo(a)
5lpnnlure(s)
....•.................................•...•....
'i'HE CORPORATION O1"1 HE ... ......I:iY: IiU'I'liS�'AN HUN1ClPALJTY.Q7.G.>,.W,'.C'1'ON......,,. . .... . .....TAX COLLLC'1'Olt
Treasurer or Authorltod Olficor
(11) Address 40 'fL114PLR.ANCL STREET, 130�VMANVIL
for 9orvlos r t ,
(12) parly(los)(Sot out Status or Interest)
1Jamo(s) DOW of Signaturo
Slgnaluro(s) V M D
WA..............
(13) Address
for Service NIA
(i l) Munlolpel Address of Property - J
(15) Document Prepared by:
12 Tcrnperance Street hr'cnsurcr Foos and Tax I3owmanvillc, Ontario Municipnlily of Clnrin}(lun Registration Foo
11.0 'I'antllcrn1wo tiUccl
13owmanviile, Ontario .-..------._ --
Ll C 3A6
Total — --
« Ahrnleglul IVerld ...Farm 201(I 1,0;1)
SCHEDULE "C"
THIS SCHEDULE IS SCI-IIEDULE "C" to the Agreement which lilts beer►
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
enacted and passed the 12th day of May 1997.
LETTER DATED m_. 6. 1997
ma u . 199"
The Corporation of the Munici=ality of C_;r_r;aton
To Whom It May concern:
Re: Request for Extension
12 Temperance Street,
Bowmanville, Ontario
First, I would like to explain for the _
this extension.. - -n requesting
telephoned the Municipal 0"_ces to t _:; u'h Swan, at
that time she %•ras not availa:-__ . The c-r;_n^ `
was regarding. I advised her : was cal_._-.: as'.-zed want it
anything could be done regarc_-:g the ta:: ccour;se� what
advised it was too late, ful_
be aaic. by May lo, 1991 . =}'men:: _e«ai C,Dsts must
it wasn't until Ruth Swan contacted me t
Possible extension. = was aware of a
We have like many others not .en able
::)ad years experienced throuc', the -ecess'C- ��ruo>dfor0"�eonly
alternative has been to try ar. sel <= =
listed twice over the last f_ .e vea s a; =venhad the p:coperty
well as a couple of private ' -a k Real Estate, as
cc.•ntact.ed -'•:,uir:.es. '.::w months ago we also
your offices as a possible sits 'cr the Ser)iors
Recreation Complex.
Tnatheapast we have kept low-:;ey with cu_ listings as not to turn
Y business we had. We are in a
Property openly and at a r ^.:r debt now to list the
:10Pe`Ully more prig= to cove. debts only for a
Possible sale.
V,.. ,.,,,III ! .1AIt I Il ll •�,11j 1,•., nt', I I I'�Inlll ,il f
'I
lit !I I'; I 11IIn•lll :.
I. .. '�I .I, I �.I 1 1 1 1 1(l lJ 1 1 it I U
lotl Ill t '11., III,-i� ,
w oulcl i) ,-,t ,.,,.if.iy raf�i,)r ;.�•_?,e•:i.
y011:' truly,
�_IWl
Nelda R. Dawson �
Wa}, e C. Allen
cr
f
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-Law 97- of the Corporation of the Municipality of Clarington
enacted and passed the 12th day of May 1997.
BY-LAW NO. 97-
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and Nelda Roxanne Dawson and Wayne Clair Allen
pursuant to the provisions of Section 8 of the Municipal Tax Sales Act.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON:
1. THAT the Mayor and Clerk are authorized to execute on behalf of the Corporation of the
Municipality of Clarington an Extension Agreement provided that the Extension
Agreement is executed by all parties thereto on or before May 15, 1997.
By-Law read a first and second time this 12th day of May, 1997.
By-Law read a third and finally passed this 12th day of May, 1997.
Mayor
Clerk
L
vs
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-
Being a By-Law to authorize the making of an
Extension Agreement between the Municipality of Clarington
and Nelda Roxanne Dawson and Wayne Clair Allen
pursuant to the provisions of Section 8 of the Municipal Tax Sales Act.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON:
1. THAT the Mayor and Clerk are authorized to execute on behalf of the Corporation of the
Municipality of Clarington an Extension Agreement provided that the Extension
Agreement is executed by all parties thereto on or before May 15, 1997.
By-Law read a first and second time this 12th day of May, 1997.
By-Law read a third and finally passed this 12th day of May, 1997.
Mayor
Clerk