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Home My WebLink About2010-147THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-147 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 Clarington registered on the 8th day of January, 2010, 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 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 Clarington enacts as follows: 1. THAT an agreement be entered into by The Corporation of the Municipality of Clarington with Monteagle Metals Ltd., 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. 2. THAT the agreement be in substantially the same form and contain the same terms and conditions as set out in Schedule "B". 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 20th day of December, 2010 READ a THIRD time and FINALLY PASSED this 20th day of December, 2010. ~ ,/ _ - - --_'~ _^"MAYQR--~--- -~ e - ~ ~ - !--_-- - By-law 2010-],/y] A By-law to Enter into an Extension Agreement Page 2 of 6 SCHEDULE "A" To By-Law No. zolo-147 DESCRIPTION OF THE LAND: Roll No.: 18-17-020-120-19915-0000 Property Location: 153 Baseline Road East, Bowmanville, Ontario Legal Description: Plan Smart Estate Pt Blk 18, 19 Now RP 10R1253 Part 1 to 3 Reg 1.07 AC 167.OOFR 278.80D By-iawzo~o- 147 A By-law to Enter into an Extension Agreement Page 3 of 6 SCHEDULE "B" To By-Law No. zoo-147 EXTENSION AGREEMENT THIS AGREEMENT made this 20th day of December, 2010. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Corporation") - and - MONTEAGLE METALS LTD. (the "Owner") WHEREAS the Owner is the owner of the land (the "Land") described in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS on 31~r day of December, 2009 there were tax arrears with respect to the Land in the amount of $120,461.51 and a tax arrears certificate was registered in the Land Registry Office on the 8th day of January, 2010 in respect of the Land; AND WHEREAS Section 378 of the Municipal Acf, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (1) year fallowing the date of the registration of the tax arrears certificate, a municipality 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 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 subsection 379(1) of the Municipal Acf, 2001. NOW THEREFORE the Corporation and the Owner agree as follows: 1. The Corporation will extend to October 30'", 2012 the payment period for the cancellation price payable in respect of the Land. 2. The Owner will make payments td the Corporation in accordance with Schedule "B" attached hereto. 3, In addition to paying the amounts provided far in paragraph 2, the Owner agrees to pay: a. all further taxes levied on the Land as they become due and payable during the term of this Agreement; and b. not later than 3D days following the due date of the last payment under paragraph 2, 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. By-iaw 2010-14 7 A By-law to Enter into an Extension Agreement - Page 4 of 6 4. 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 Tax Collector 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 Owner is not in default hereunder. 5. In the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position it 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 Owner. 6. Immediately upon the Owner 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 taxarrears cancellation certificate in respect of the Lands. 7. Notwithstanding the provisions of paragraphs 2 and 3, the Owner 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. S. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the Land. g. 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 antl 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. 10. Any notice required. to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: 153 Baseline Road East, Bowmanville, Ontario L1C 3L4 IN WITNESS WHEREOF the Corporation and the Owner have signed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON `~ 1 / - ~ `MAYOR .__ -- - Signed at the Municipality of this Z~tday of Dec. ~~ .2010 (municipality) Clarington MO AGLE I~TALS LTD. r: sy-iaw zoo- 147 A By-law to Enter into an ExtensionAgreement Page5of6 SCHEDULE"A" TO EXTENSION AGREEMENT DESCRIPTION OF THE LAND: Roll No.: 18-17-020-120-19915-0000 Property Location: 153 Baseline Road East, Bowmanville, Ontario Legal Description: Plan Smart Estate Pt Blk 18, 19 Now RP 10R1253 Part 1 to 3 Reg 1.07 AC 167.OOFR 278.80D By-Iaw 2010- 147 A By-Iaw to Enter into an Extension Agreement - Page 6 of 6 SCHEDULE"B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: Upon signing this Extension Agreement - $20,000 November 30th, 2010 - $30,000 January 30'h 2011 -October 30'h, 2012 - $6,300 per month Date Amount November 30, 2010 $ 30,000 Januar 30,2011 $ 6,300 Februar 28, 2011 $ 6,300 March 30, 2011 $ 6,300 A ril 30, 2011 $ 6,300 Ma 30, 2011 $ 6,300 June 30,2011 $ 6,300 Jul 30, 2011 $ 6,300 Au ust 30, 2011 $ 6,300 Se tember 30, 2011 $ 6,300 October 30, 2011 $ 6,300 November 30, 2011 $ 6,300 December 3D, 2011 $ 6,300 Januar 30, 2012 $ 6,300 Februar 28,2012 $ 6,300 March, 30, 2012 $ 6,300 A ril 30, 2012 $ 6,300 Ma 30, 2012 $ 6,300 June 30, 2012 $ 6,300 Jul 30, 2012 $ 6,300 Au ust 30, 2012 $ 6,300 Se tember 30, 2012 $ 6,300 October 30, 2012 $ 6,300