BYLAW - Execution of a Tax Arrears Extension Agreement - 19980513 - 394798F-~---j
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3947-98.F
BEING A BY-LAW to
authorize the execution of a tax
arrears extension agreement.
WHEREAS Section 8 of the Municipal Tax Sales Act, R.S.O. 1990, Chap. M.60, as amended
authorizes the Council of a local municipality to execute a tax arrears extension agreement;
AND WHEREAS Section 8 of the Municipal Tax Sales Act, R.S.O. 1990, Chap. M.60, as
amended provides that the Council of a local municipality may by by-law authorize an agreement
with the owner of such land to extend the period of time in which the cancellation price payable
on the land is to be paid;
AND WHEREAS the Municipal Council of the Corporation of the Town of Aurora has registered
on the 22nd day of May, 1997, a Tax Arrears Certificate against the land described in Schedule
"A" attached hereto and forming part of this by-law;
AND WHEREAS the Municipal Council of the Corporation of the Town of Aurora deems it
necessary and expedient to enter into a Tax Arrears Extension Agreement with Dical Investments
Ltd;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be authorized to enter into an agreement on behalf of the
Corporation with Dical Investments Ltd., the owner (or spouse of 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 beyond May 22, 1998.
2. THAT said Agreement be in substantially the same form and contain the same terms and
conditions as set out in Schedule "B" attached hereto and forming part of this by-law.
3. THAT the provisions of this By-law shall come into force and take effect upon third
reading thereof.
READ A FIRST AND SECOND TIME THIS 13th DAY OF MAY, 1998.
READ A THIRD TIME AND FINALLY PASSED THIS 13'h DAY OF MAY, 1998.
L. ALLISON, MUNICIPAL CLERK
98/05/26
FOR FILE:
THE ORIGINAL BY-LAW IS FILED IN THE 1998 BY-LAW BINDER IN THE VAULT
THE ORIGINAL AGREEMENT IS FILED UNDER LOl GE 98 IN THE VAULT
'1.
THIS AGREEMENT made in triplicate the 13th day of May,
A.D., 1998, BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
Hereinafter called the "Corporation"
-and-
DICAL INVESTMENTS UMITED
Hereinafter called the "Owner"
WHEREAS the Owner is the owner of the land in the Town of Aurora
described in Schedule "A" attached hereto and forming part of this Agreement.
AND WHEREAS the Owner's land is in arrears of taxes on the 31st day of
December, 1996 in the amount of $24,208.46 and a tax arrears certificate was
registered in the Registry (or Land litles) Office on the 22"d day of May 1997 in
respect of the Owner's land.
AND WHEREAS under section 8 of the Municipal Tax Sales Act, 1984,
S.O. 1984, c. 48, a municipality may by by-law, authorize an extension
agreement be entered into by the Corporation with an Owner to extend the
period of time in which the cancellation price in respect to the Owner's land is to
be paid.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and of the covenants and obligations hereinafter
contained, it is hereby agreed as follows:
1. The owner agrees to pay the Corporation the sum of Two Thousand
($2,000.00) dollars monthly, payable on the 15th day of each and every
month commencing on the 15th day of June, 1998, to and including the
15th day of July, 1999. The final payment must also include any further
balance of taxes, interest and costs due.
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'1.
2. In addition to paying the amounts provided for in Clause 1, the Owner
agrees to pay all 1998 taxes plus penalties levied on the land, by
September 30, 1998 and all 1999 taxes levied on the land as they come
due.
3. Notwithstanding any of the provisions of this Agreement, the Municipal
Act, R.S.O. 1980, c. 302, as amended, shall continue to apply to the
collection and enforcement of all tax arrears and all taxes except that the
treasurer and the collector of taxes 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
clauses 1 and 2, during the time this Agreement is in force so long as the
Owner is not in default hereunder.
4. In the event the Owner defaults in any payments required by the
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 he or she 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.
5. Immediately upon the Owner making all the payments required under
paragraphs 1 and 2, this Agreement shall be terminated and, the
Treasurer shall forthwith register a tax arrears cancellation certificate in
respect of the said lands.
6. Nothwithstanding the provisions of paragraphs 1 and 2, 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.
7. This Agreement shall extend to and be binding upon and ensure to the
benefit of the Parties and to their respective heirs, successors and assigns.
8. If any paragraph or part of paragraphs in this Agreement be illegal or
unenforceable, it or they shall be considered separate and severable from
the Agreement and 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.
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.,
9. Any notice required to be given to the Owner hereunder shall be
sufficiently given if sent by registered post to the Owner at the following
address:
Dical Investments Limited
C/O Guy Diblasi
1769 Danforth Avenue
Toronto, Ontario
M4C 1J1
IN WITNESS WHEREOF the owner has hereunto set his hand and seal
and the Corporation has caused its Corporate Seal to be hereunder affixed,
attested by its proper officers.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE'S OF
Witness On
Witness
Witness Own
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Description of the Land:
Parcel 9-1, Section 65M-2725
Being Lot 9 on Plan 65M-2725
Town of Aurora
SCHEDULE "A"
Regional Municipality of York (No. 65)
Tax Roll Number: 1946 000 095 80120 0000
Our File Number: 97-12
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