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Home My WebLink About97-141 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-141 Being a By-Law to authorize the making of an Extension Agreement between the Municipality of Clarington and Brian John Halse and Janet Lisa Halse 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 June 30, 1997. By-Law read a first and second time this 23rd day of June, 1997. By-Law read a third and finally passed this 23rd day of June, 1997. Mayor l)-eput Jerk 44/ Appendix Appendix "A" THIS EXTENSION AGREEMENT made as of this 23rd day of June 1997. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the Municipality) OF THE FIRST PART - and BRIAN JOHN HALSE JANET LISA HALSE (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. LT797372 on April 7, 1997. 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 five hundred ($500.00) by the ratepayer to the Municipality of Clarington on execution of this Agreement. F. By letter dated June 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 June 23, 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 ($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 F of this Extension Agreement is correct. 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. Page 2 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: ;: :.;:.;:.;:.::.::......:.;:.;:.::.: :.Dte 500.00 June 30, 1997 500.00 July 15, 1997 500.00 August 15, 1997 1000.00 September 1, 1997" 500.00 September 15, 1997 500.00 October 15, 1997 500.00 November 15, 1997 1000.00 December 1, 1997 500.00 December 15, 1997 500.00 January 15, 1998 500.00 February 15, 1998 1000.00 March 1, 1998 500.00 March 15, 1998 500.00 April 15, 1998 500.00 May 15, 1998 1000.00 June 1, 1998 500.00 June 15, 1998 500.00 July 15, 1998 500.00 August 15, 1998 1000.00 September 1, 1998 500.00 September 15, 1998 500.00 October 15, 1998 500.00 November 15, 1998 1000.00 December 1, 1998 500.00 December 15, 1998 500.00 January 15, 1999 500.00 February 15, 1999 1000.00 March 1, 1999 500.00 March 15, 1999 500.00 April 15, 1999 500.00 May 15, 1999 1000.00 June 1, 1999 The amount which is equal to the balance of June 30, 1999 the cancellation price required to be paid pursuant to the Act. Page - 3 - 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. 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 Mayor: Diane Hanire ep erk: Marie P. Knight: BRIAN JOHN HALSE ZLI -- Name JANET LISA HALSE Name 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 23rd day of June 1997. LEGAL DESCRIPTION OF LANDS Parcel 1-1, Section 1OM-796 being Lot 1, Plan 1OM-796 Municipality of Clarington Regional Municipality of Durham 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 enacted and passed the 23rd day of June 1997. TAX ARREARS CERTIFICATE "'ovine' Document General a.400a+eoar/a..;r,.,.r1,•a,P.....Alert ontuio Form 4—Land A091stratton Reform Act 18-17-010-07_0-16847.0000 D (1) Raylatry ❑ Land TWee ® (2) Pap• 1 or 1 papas (3) Pro poAy aleck Property See cv 0- w C7 SChi0i1i (4) Nature of Document t` w o TAX ARREARS S CERTIFICATE FORM 1--MUNICIPAL TAX M w^ CC O y (` —� � (s) Conakferatlon J Cn _ C= �.fy p --- "----°------_«»....... j 2 a t✓.V (g) Dobor"orl W l-- ! � f`-' Parcel l-1,Section IOM-796 LL —t G being Lot 1,Plan IOM-796 $ Municipality of Clarington o Regional Municipality of Durham Now Property idemiflers Addatorw: See StSchedule O ' Eaecutlons (:) This (p Rsdescdptlon (b)schedule tor: Additional: Document New Es ament Additional Schedule Contalnet ❑ Plan/Sketch ❑ Description ❑ Putles ❑ Other ❑ (S) This Document provklee se follows: The person signing in Box 10 hereby certifies that all or part of tax arrears In the amount of$13,314.40 were owing on the 31st day of December,1996 and at least part of such amount plus any additional real property taxes and costs is still owing to the municipality or board named In Box 10 and that the land described in this document will be sold by public sale if the cancellation price Is not paid within one year following the date of the registration of this document. Notes: A. The time period for paying the cancellation price may be extended If the municipality or board authorizes an extension agreement with the owner of the land before the ex U7 of the one-year period. B. The cancellation price will be calculated as of the date that thhe amount of the tax arrears are paid to the municipality or board and will be higher than the amount set out above. C. If there is no successful purchaser at the public sale,the land,upon registration of a notice of vesting, will vest in the municipality or board. D. Any inquiries relating to this matter may be directed to the municipality or board named in Box 10 at the address shown in Box 11. Continued on Sched1�_l ❑ (9) This Document rNatee to instrument number(s) (10) parlypw)(set out status or Interest) ..... r, Name(*)�p D.�r.� 7 �+r �7�,�r p T irk, Sionalure sy ''� '.�("'� Date of$Iona THE..C,O.RPORRf.A O ..O..4:...A.A.aJCA..i.�AA. . CIPALIAY......... \;,yt..4o' Y M Tom• ..199.x.. .03.. I. ......................:. ......... .....................................•....... RUTH AN, COLLECTOR .O...CLARINGTON........................................................................................... ....................................•...................................•.......,..........•..•,.. �........ ............... (n) Address w service 40 Temperance Street Bowmanville Ontario L1C 3A6 Attentions Treasurer (12) Partypes)(Set out Status or interest) Name($) Slonature(s) Date of Sionaturo Y IA D ................................................................................................................................................ ....•...............................,.............•...•..............................................{....................«...•.... .......... J s t r .....................:...................:.................. rL1EE w rvice ._»_ ..._.»-------N A----------- -- --- ------------------ ----- - ...... rpal Address of Property (is) Document Prepared br. y Feea and Tax ZZ Reoldratlon Fee hunt Trail Treasurer N e Ontario Municipality o['Clarington 9 40 Temperance Street v Bowmanvll le,Ontario 0 L1C 3A6 a _ 0 Total uJ . /TOYOYIO•..YAOY i j I .,.'rye �A SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" 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 23rd day of June 1997. LET1'ER DATED une 6 1997 �Q�<�t�b �u :t:�' t`�t1�• ' �•�ry:• �< ••�� ' :...........:....:.:.rh'S�V> :ti^v+?:;:ti.4\?iYY:KnNA�\��,f �(�:••:�a:•.Gna''a.} I S+'^}M ••1 \ a ,\ •.a?,,•. a � 4 \:.?h\i/!.?n'i•Y, tiaSiWw`¢yG�'2iJ� ♦ 4 \ oaiG? June 6, 1997 Ms. Ruth Swan Tax Collector/Revenue Supervisor Municipality r ,r j �7'�",°; p y of Clarington 40 Temperance Street ' � U' Bowmanville, ON �ti �a L1 C 3A6 .j ':.. Dear Ms. Swan: 1f1 .'1Ty ,. Re: Roll Number. 010-070-16847-0000 �gE.Ylrl{ir G19P 102 Foxhunt Trail, Plan 10M796 Lot 1 We hereby apply for an extension with regard to paying the tax arrears owing.,. We , realize that we are responsible for payment of these taxes and have always intended to pay them when our financial situation was more secure. Approximately.5 years ago, I went into business for myself. For several years, money has been very tight as I and my partners have attempted to get the business off the'ground. We are finally just entering a more stable and secure phase of our business development and can now commit to regular payments to decrease our indebtedness to many parties including our personal indebtedness to the Municipality of Clarington. We understand that we are currently in arrears for$15,314.40 for 1996 and previous years. I propose that we.provide the Municipality post-dated cheques in the amount of $500.00 a month starting in June of 1997 for a two year period or until June of 1999. On top of these monthly payments, we will commit to quarterly lump-sum payments of $1000.00 at each of these dates: Sept-�•997� D4 Sept-1-1998, Dee-9�g9g, ry/la g�q�, and LL1S98, �-'I-�88. The total of all these payments is $20;000.00. This should cover the arrears plus interest and 1997's taxes. Any further amounts will be paid at the end of this two year period. We further propose that 1998 and following years'taxes will be paid by monthly installments as appropriate for those years. If at some time, we can increase either the monthly amounts of$500.00 or the ua rterly amounts of$1,000.00, we will do so in an effort to pay off the taxes at in a shorter period of time. We are truly sorry for being so delinquent in these matters. However, we are committed to meeting this obligation. We appreciate your understanding and your consideration of this matter. Sincerely, Brian Halse 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 23rd day of June 1997. BY-LAW NO. 97- Being a By-Law to authorize the making of an Extension Agreement between the Municipality of Clarington and Brian John Halse and Janet Lisa Halse 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 June 30, 1997. By-Law read a first and second time this 23rd day of June, 1997. By-Law read a third and finally passed this 23rd day of June, 1997. Mayor Clerk