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Home My WebLink About2003-138 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2003-.138 Being a By-law to authorize the making of an Extension Agreement between the Municipality of Clarington And Dr. Eleanore Vincent Pursuant to the provisions of Section 378(1) of the Municipal Act, 2001. 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 September 30, 2003. By-Law read a first and second time this 15th day of September, 2003. By-Law read a third and finally passed this 15th day of September, 2003. .. THIS EXTENSION AGREEMENT made as of this 2.6th of September 2003. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the Municipality) OF THE FIRST PART and - DR. ELEANORE VINCENT (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. Dr. Eleanore Vincent is the registered 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. DR136065 on December 11, 2002. 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 Act, 2001 (the "Act"). F. By letter dated September 11, 2003 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 378 of the Act. G. This Extension Agreement is made pursuant to the provisions of Section 378 of the Act and is authorized by By-law No. 2003-138 passed on September 15, 2003, a copy of which is contained in Schedule "0" hereto. (to be annexed when enacted). 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 G 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. 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: EXTENSION AGREEMENT DR. ELEANORE VI NCENT PAGE 2 $ Amount DATE $17,500.00 Seotember 30, 2003 $ 2,500.00 October 16, 2003 $ 2,500.00 November 16, 2003 $ 2,500.00 December 16, 2003 $ 2,500.00 January 16, 2004 $ 2,500.00 Februarv 16, 2004 $ 2,500.00 March 16, 2004 $ 2,500.00 Aoril 16, 2004 $ 2,500.00 May 16, 2004 $ 2,500.00 June 16, 2004 $ 2,500.00 Julv 16, 2004 $ 2,500.00 Auqust 16,2004 $ 2,500.00 Seotember 16, 2004 $ 2,500.00 October 16, 2004 $ 2,500.00 November 16, 2004 $ 2,500.00 December 16, 2004 $ 2,500.00 Januarv 16, 2005 $ 2,500.00 February 16, 2005 The amount which is equal to the March 16, 2005 balance of the cancellation price required to be oaid oursuant 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. 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. 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 the Municipality executes this Agreement 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 DELIVERED -~ Address: /-9? ~b.--0f#--V-- ..-A/EA/~$/2tf::" Dr. Eleanore Vincent SCHEDULE "A' To Extension Agreement between The Corporation of the Municipality of Clarington and Dr. Eleanore Vincent. DESCRIPTION OF THE LAND Lot 10 and Part of Lot 11, Block 5, C.G, Hanning's Plan of Part of Lot 28, Concession 1, Former Village of Newcastle, Municipality of Clarington, Regional Municipality of Durham, Now designated as Parts 1 of 2 on Plan 10R-3587. SAVE AND EXCEPT Part of Lot 10, Block 5, Hannings Plan of Part of Lot 28, Concession 1, Former Village of Newcastle, Municipality of Clarington, Regional Municipality of Durham, being Part 1 on Plan 1 OR-3981, as set in Instrument No. DR136065 registered in the Land Registry Office for the Registry/Land Titles Division of Durham (No. 40). SCHEDULE "B' To Extension Agreement between The Corporation of the Municipality of Clarington and Dr. Eleanore Vincent. TAX ARREARS CERTIFICATE ~ PrOVince of Ontario Document General Fonn 4 - Land Reglltration Refonn Act ~1) Registry Ii Land Titles IXI '((2) Page 1 I - = , I (3) Property Block Property Identitiens) 26659-0338(L T) Do Process Software Ltd, ' (416) 322-6111 18-17-030-120-07101 D of pages < Additional See Schedule V) f- a. ~ W u >- Q w_ ...J a:: - z .....:::t. 0 ~ O. UJ we <J) ("(" \ ... :c ::l CClI: WI::. UJ -- i&:CI g >= ClI: ~ W u New Property Identifiers Executions "'" = = ...... i (4) Nature of Document iT AX ARREARS CERTIFICATE FORM I -- MUNlCIP AL TAX SALES ACT ~ (5) ConsIderation <J) a w a: -::\ N/A Dollars $ ~ u.a = (6) Description OILot 10 and Part of Lot 11.. Block 5. ~ e.G. Hanning's Plan of Part of Lot 28. Concession 1. Former Village of Newcastle. iMunicipality of Clarington. Regional Municipality of Durham. inow designated as Parts 1 of2 on Plan 10R-3587. ISA VE AND EXCEPT Part of Lot 10. Block 5. IHanning's Plan of Part of Lot 28. Concession 1. IFormer Village of Newcastle. Municipality of Clarington. Regional :l Municipality of Durham. being Part 1 on Plan 10R-3981. ~ Land Titles Division of Durham (No. 40) Additional See Schedule D (7) This Document Contains: (a)Redescnptlon New Easement Plan/Sketch ~ (b) Schedule for: Additional: See Schedule r-"' . u; Add~ionai Description 0 Partles D Other D (8) This Document provides as follows: The person signing in Box 10 hereby certifies that all or part of tax arrears in the amount of $32.765.64 were owing on the 31st day of December. 2001 and at least part ofsuch 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 D (9) This Document relates to instrument numbens) N/A (10) Party(ies) (Set out Status or Interest) Name(s) ~i9 ~(s) /'~./ .z.~Vi: -~ /;fLnn n v'if9tt~~surer . / . I Date of Signature I nnn_n,~;~2n~ln?/ I THE CORPORATION OF THE MUNICIPALITY OF 'CLARINGTON"" \ (11) Address for Service -to Temperance Street. Bowmanville. Ontario. LIC 3A6 Attention: Treasurer (12) Party(ies) (Set out Status or Interest! Name(s) Signature,s) Date of Signature y M 0 NfA I 1'3) Address I for Service ----------------------------------- N fA ----------------------------------------- (15) Document Prepared by: i 1>'11 Fees and Tax 'i~1 Registration Fee I~\I I~ , iLLl itll Ia::l '0 ((14) MuniCIpal Address of Property \ 141 Baldwin Street , I Newcastle. Ontario I LIB IHl ~ Dennis e. Hefferon j Barrister & Solicitor 130 Adelaide St.West. Suite 2500 'Toronto. Ontario M5H 2M2 CJocumenl preparea usmg Th. Conv.rancer SCHEDULE "e' To Extension Agreement between The Corporation of the Municipality of Clarington and Dr. Eleanore Vincent. TAX EXTENSION LETTER FROM RATEPAYER Dated September 11, 2003 Dr. Eleanore L. Vincent 141 Baldwin Street. Newcastle. Ontario. L1 B 1 H1 1-905~987 -5314 Fax 1-905-987-5410 September 11, 2003 Municipality of Clanngton I regret being remiss on the payment of my taxes, I mean to set this right at this time with your approval You will find attached a bank draft for $17.500,00 and I propose to make payments of $2500,00 on the 16th of each month until I am current starting In October, I hope you will find this acceptable, Sincerley your$. ~.~ ~j Dr, E, L, Vincent . . SCHEDULE "0' To Extension Agreement between The Corporation of the Municipality of Clarington and Dr. Eleanore Vincent. By-Law 2003-138 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LA W NO. 2003- ,138 Being a By-law to authorize the making of an Extension Agreement between the Municipality of CIarington And Dr. Eleanore Vincent Pursuant to the provisions of Section 378(1) of the Municipal Act, 2001. 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 ofClarington an Extension Agreement provided that the Extension Agreement is executed by all panies thereto on or before September 30, 2003. By-Law read a first and second time this 15th day of September, 2003. By-Law read a third and finally passed this 15lh day of September, 2003. Q~