3078 To authorize the execution of a tax arrears extension agreement pursuant to Section 378 of the Municipal Act, 2001.THE CORPORATION OF THE TOWN ON TILLSONBURG
By-law No. 3078
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 Town of Tillsonburg registered on the 15th day of November, 2002 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 a 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,
NOW THEREFORE, The Council of the Corporation of the Town of Tillsonburg, enacts as follows:
1. That an agreement be entered into by The Corporation of the Town of Tillsonburg with
Brandon's Used Car Sales Inc., 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 November 14th
2003.
2. That the 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 Mayor and Treasurer be authorized to enter into the agreement on behalf of the
Corporation.
4. That this by-law becomes effective as of the date of the final passing hereof.
Read a first and second time this 27th day of October 2003
Read a third time and finally passed this 27th day of October 2003
G
MAYOR
CLE K
SCHEDULE "A"
Forming part of By-law Number 3078
Description of the Land: In the Town of Tillsonburg, in the County of Oxford, formerly in the Township
of Middleton, County of Norfolk and being composed of part of Lot 3, Concession 5 North of the Talbot
Road, as described in the schedule below.
In the Town of Tillsonburg, in the County of Oxford, formerly in the Township of
Middleton, County of Norfolk and being composed of part of Lot 3, Concession 5 North
of the Talbot Road as described below.
All and Singular that certain parcel or tract of land and premises situate, lying and being part of
Lot 3, in the Fifth Concession North of the Talbot Road, formerly in the Township of Middleton,
County of Norfolk, and now in the Town of Tillsonburg, County of Oxford, which may be more
particularly described as follows:
PREMISING that the bearings are astronomic and are referred to the co-ordinate system for
Registered Plan No. 500 for the Town of Tillsonburg;
COMMENCING at an iron bar planted at the intersection of the northeasterly limit of the said Lot
3 with the southeasterly limit of the King's Highway No. 3 according to Deposited Plan D-140;
THENCE South 51 degrees 53 minutes 30 seconds west along the said southeasterly limit of
Highway No. 3, a distance of 105 feet to an iron bar planted;
THENCE South 38 degrees 06 minutes 30 seconds east, a distance of 277.2 feet to the northerly
limit of the right-of-way for the Canadian National Railway;
THENCE North 82 degrees 24 minutes 30 seconds east along the said northerly limit of the
railway right-of-way, a distance of 65.45 feet to the said northeasterly limit of Lot No. 3;
THENCE North 29 degrees 12 minutes 30 seconds west along the said northeasterly limit of Lot
No. 3, a distance of 314.22 feet to the point of commencement as described in Instrument No.
288013.
IN WITNESS WHEREOF the Owner has executed this agreement under the hand of its duly
authorized signing officer and the Corporation has caused its Corporate Seal to be hereunto affixed, attested
by its proper officers.
SIGNED, SEALED .AND DELIVERED
IN THE PRESENCE; OF THE CORPORATION OF THE TOWN
OF TILLSONBURG
SCHEDULE "B"
Forming part of By-law No. 3078
THIS AGREEMENT made in triplicate the 27th day of October 2003 BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
Hereinafter called the "Corporation"
-and- Brandon's Used Car Sales Inc.,
Hereinafter called the "Owner"
WHERAS the Owner is the owner of the land in the Town of Tillsonburg described in Schedule
"A" attached hereto and forming part of this Agreement,
AND WHEREAS the Owner's land was in arrears of taxes on the 31" day of December, 2001
in the amount of $ 42,507.77 and a tax arrears certificate was registered in the Registry Office on the 15th
day of November, 2002 in respect of the Owner's land.
AND WHEREAS, under Section 378 of the Municipal Act, 2001, 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.
AND WHEREAS the parties have agreed to extend the time for payment of the cancellation price
to May 15t", 2004.
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 to the Corporation the cancellation price on or be May 14"', 2004.
2. Notwithstanding any of the provisions of this Agreement, the Municipal Act 2001, 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 power of
the municipality or to the Treasurer, shall not enforce collections of such tax payments, except as
set out in paragraph 1, during the time this Agreement is in force so long as the Owner is not in
default hereunder.
3. 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 default, this
Agreement shall cease to be considered a subsisting agreement on the day that the notice of
termination is sent to the Owner.
4. Immediately upon the Owner making all the payments required under paragraph 1, this Agreement
shall be terminated and the Treasurer shall forthwith register a tax arrears cancellation certificate
in respect of the said lands.
5. Notwithstanding the provisions of paragraph 1, 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.
6. This agreement shall extend to and be binding upon and enure to the benefit of the parties and to
their respective heirs, successors and assigns.
7. If any paragraph or part of a paragraph in this Agreement should be found or declared to 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.
8. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by
registered mail to the Owner at the follow addresses: Brandon's Used Car Sales Inc.,
RR#3,
Tillsonburg, Ontario
N4G 4G8