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HomeMy WebLinkAbout97-81 ' Y THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-81 Being a By-Law to authorize the making of an Extension Agreement between the Municipality of Clarington and Linda Mary Kiff 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 April 30, 1997. By-Law read a first and second time this 28th day of April, 1997. By-Law read a third and finally passed this 28th day of April, 1997. ayOr ty rk 190. Appendix "A" THIS EXTENSION AGREEMENT made as of this 28th day of April 1997. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the Municipality) OF THE FIRST PART - and LINDA MARY KIFF (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 by operation of law after the death of David Stuart Kiff on October 29, 1996 with whom the Ratepayer held title to the Lands as joint tenants, such joint tenancy not having been severed and at all material times the Ratepayer and David Stuart Kiff were shown as owners of the Lands 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. D484640 on December 23, 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 eight hundred dollars ($800.00) by the ratepayer to the Municipality of Clarington on execution of this Agreement. F. By letter dated April 4, 1997 a copy of which is contained in Schedule "C" hereto, the Ratepayer has requested that the Municipality enter into this Ixtension 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 April 28, 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. 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: $'Arno ur t Date:: $800.00 April 30, 1997 $800.00 May 30, 1997 $800.00 June 30, 1997 $800.00 July 30, 1997 $800.00 August 30, 1997 $800.00 September 30, 1997 $800.00 October 30, 1997 $800.00 November 30, 1997 $800.00 December 30, 1997 $800.00 January 30, 1998 $800.00 February 28, 1998 $800.00 March 30, 1998 $1,000.00 April 30, 1998 $1,000.00 May 30, 1998 $1,000.00 June 30, 1998 $1,000.00 July 30, 1998 $1,000.00 August 30, 1998 $1,000.00 September 30, 1998 $1,000.00 October 30, 1998 $1,000.00 November 30, 1998 $1,000.00 December 30, 1998 $1,000.00 January 30, 1999 $1,000.00 February 28, 1999 $1,000.00 March 30, 1999 The amount which is equal to April 30, 1999 balance of the cancellation price required to be paid pursuant to the Act. 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. Paige 3 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. 17his Extension Agreement shall terminate upon payment of the cancellation price by any person. B. '11c 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. '1'l►e 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 sl►all be of the essence of this Extension Agreement. IN WITNESS WIIEREOF the Municipality Las 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 Diane Hamre, Mayor Mari Knigh , De ty Clerk LINDA DIARY KIFF Name I 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 28th day of April 1997. LEGAL DESCRIPTION Or LANDS Part of Lot 15 and Part of Lots 106 and 107, Block T, Part of Lot 12, Concession 1, according to Grant's Plan of the former Town of Bowmanville, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham, as described in Instrument No. 150460. 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 28th day of April 1997. TAX ARREARS CERTIFICATE Pro '�' Document General on1ir1O Form 4—Land Registration Reform Act 18.17.020-090-08800-0000 i (1) Registry ® Land Tlttes ❑ (2) Page 1 of 2 pages (�- 3 aM o _ r' `V ( ) o (e) Block Prop" J° v Uh Scnedlxe C.L7 i..� ,_{ ^1�1 •-• (4) Nature of Dooumerrl r_ TAX ARREARS CERTIFICATE FORM 1 -•MUNICIPAL TAX r `.,ti • 4 SALES ACT (S) Consklmatlon S w. ry Cj �, ........._N/A................................... Dollars S —`- O (6) Desorlptlon W <.o Part of Lot 15 and Part of Lots 106 and 107 Block T according o °'' Grant's Plan of the former Town of Bowmanville,Geographie g Township of Darlington,MunicipaUty of ClaringtoI f Regional Municipality of Durham as described in Instrument No, 150460, New Property Identifier Additional: See ❑ SctuduN Executions (7) This (a)RsdescrlpUon • Addxpnal; DooumerN (b)Schedule=for: see New Easement ScheduleContains: I l Plan/Sketch Descrip ❑ Other ❑ (0) This Document provides as follows: The person signing in Box 10 hereby certifies that all or part of tax arrears In the amount of$32,406.81 were owing on the 31st day of December, 1995 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 expiry of the one-year period. B. The cancellation price will be calculated as of the date that the 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 Schedule ❑ (g) This Docum«,t relates to Instrument numbor(s) ......................................................N A........................................................................ 00) Party(les)(Set out Status or interest) Nrme(a) Signaturs(s) pets of Signature �.. , Y M 0 THE..CORP.ORATIO.N..O.F••.THE.MUNI.CIPALITY......... ............................ .......•. .:.✓�1<�'/�\.....................,.... (��...�.... RUTH SW 199.6....... . `�. TAX COLLECTOR � < OF..CLARI.N.G.TO.N............................... n.: .................;................... ........:.......... ............................................................ ........................................................................................ ............................... (11) Addreu f"Sef`'k'-e 40 Temperance Street Bowmanville,Ontario, L1C 3A6 Attention:Treasurer (12) Party(les)(Set out Status or interest) Name(s) Signatures) Date of Signature Y M 0 ..............................................................................•..............................•.................................. ..•....................•........•......•............................................................. v.......... •..........................................:................................................................•................•....•............. ...................•.........•...•...•.••.........••.................•........... i 13 Ad rese for Servbe............................................N/A. ..-......................... ----.......---------.......................... (14) Municipal Address of Property (15) Document Prepared by; y and Tax 39 King Street East Treasurer Bowmanville,Ontario Municipality of Clarington 40 Temperance Street Bowmanville,Ontario L1C 3A6 •I,MU••ofpefelbn .11/roeo41e•r4.4.4 vocum•rx Fwtpwod u ng r w, roar•SoNwo Ud. n/Ipe7 SCHEDULE "C" TIIIS SCHEDULE IS SCI-IEDUL.E "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 28th day of April 1997. LETTER DATED A--.1 9, 1997 Linda Ki12 4667 Bethesda Road �` �' r y_a/ 7 owmanville, Ontario �,ta L1C 3K5 APR April 4, 1997 Ruth Swan, Tax Collector lfU+t+C:r>��t,t;,•,,; Municipality of Claringion 40 Temperance Street Bowmamille, Ontario L1C 3A6 Dear Ivis. Swan, Propern,tit.?7­12 hind.Street fiust, BolwnaArvilic. I would like to request an extension for the tax arrears,regarding the above property. The Federal Development Bank holds the mortgage on this property and since March 1996 they have been collecting the tents and applying this motley to the mortgage. There was never any money applied toward taxes. My husband David, died October 29, 1996 and I am now faced with a large tax bill and there is no money in the estate. The F.D.C. have agreed to put me on a blended payment plan whereby I will collect the rents and pay a monthly mortgage payment to F D.C. This should lice up some money and allow me to make a monthly payment towards the taxes. Also I would like you to consider forgiving some of the interest charged over the years. 16%interest is considered high in todays economy, Renting apartments today with today's controls enforced upon the owner by the government make things very difficult. Working through legal channels it has taken me three months to c�ict a tenant who 0111),paid fast month's rent. Keeping a clean, quiet and safe building takes time and money. I am prepared to do tlus and try to get the taxes paid up to date. I have mcnared a reoavment schedule on the next page. REP.47:jfEArl SCHEDCALE 800.00 April 30, 1997 800.00 May 30, 1997 800.00 ,tune 30, 1997 800.00 July 30, 1997 800.00 August 30, 1997 800.00 September 30, 1997 800.00 October 30, 1997 800.00 November 30, 1997 800.00 December 30, 1997 800.00 January 30, 1998 800.00 February 28, 1998 800.00 March 30, 1998 1000.00 April 30, 1998 1000.00 May 30, 1998 1000.00 June 30, 1998 1000.00 July 30, 1998 1000.00 August 30, 1998 1000.00 September 30, 1998 1000.00 October 30, 1998 1000.00 November 30, 1998 1000.00 December 30, 1998 1000.00 January 30, 1999 1000.00 February 28, 1999 1000.00 March 30 1999 29400.00 April 30, 1999 Thankyou for your consideration. Yours truly Linda Kiff. 1 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 28th day of April 1997. BY-LAW NO. 97- Being a By-Law to authorize the making of an Extension Agreement between the Municipality of Clarington and Linda Mary Kiff 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 April 30, 1997. By-Law read a first and second time this 28th day of April, 1997. By-Law read a third and finally passed this 28th day of April, 1997. ayor uty C erk