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March 23, 1998
To: Corporate Services Committee
From: W. A. Liczyk
Chief Financial Officer & Treasurer
Subject: Tax Arrears
Salinda Investments Inc.
739 Kipling Avenue
ET#: 01 5 330 00400
Purpose:
I am in receipt of a letter from Mr. Gerald Wise (Solicitor) for Salinda Investments Inc. who is requesting an Extension Agreement of the above property on behalf of his clients, pursuant to the provisions of the Municipal Tax Sales Act. The property is scheduled to be advertised for sale in April unless Council grants an extension.
Funding:
None Required.
Recommendation:
Enact the attached By-Law to approve an extension of the redemption date to December 31st, 1998 in accordance with the provisions of the Municipal Tax Sales Act.
Issue:
The last date of redemption on this property is April 9th, 1998. The property owner is not in a position to pay the cancellation price on or before this time. He has requested an extension of the period to pay the amount owing to December 31st, 1998.
Discussion:
The Municipal Tax Sales Act allows for a Tax Arrears Certificate to be registered on title when taxes are outstanding for any part of three years. On April 9th, 1997 a Tax Arrears Certificate was registered against the above property as taxes from 1994 to 1997 inclusive were outstanding. At the time of the registration, the outstanding balance including all interest to December 31st, 1997 was $23,612.27. The balance owing at the expiry of the one year term, being April 9th, 1998 is $17,436.33. See Appendix A1@.
The terms as set out for repayment of the tax arrears is the full amount outstanding payable on December 31st, 1998, which will be $30,200.32. By this extension of time, the full 1998 tax levy has been levied and pursuant to the Municipal Act, is due and payable along with any additional registration costs or other charges that may be lawfully added to the taxes.
The Municipal Tax Sales Act permits a municipality to enter into an extension agreement with the property owners, subject to such terms and conditions relating to payment as may be set out in it, but it cannot reduce the amount of the cancellation price, or prohibit any person from paying the cancellation price at any time. If the agreement is not fulfilled by the owners, then the lands are to be sold.
Conclusion:
That the attached by-law be enacted to approve an extension of the redemption date to December 31st, 1998.
Contact Name:
Ed DeSousa
Director of Tax & Water - Etobicoke Region
at (416) 394-8324
Fax Number (416) 395-5555
W. A. Liczyk
Chief Financial Officer & Treasurer
Authority: Standing Committee
Report No. , Date: , 1998
Intended for first presentation to Council:
Adopted by Council:
CITY OF TORONTO
BY-LAW NO:
A by-law to authorize the execution of a tax arrears extension agreement pursuant to section 8 of the Municipal Tax Sales Act, R.S.O., 1990, c. M.60.
The Council of the City of Toronto HEREBY ENACTS as follows:
1. The City of Toronto shall enter into an agreement with Salinda Investments Inc., the owner of the land described as Part Lot 11, First Meridian Concession now being Lot 146, Plan 9875, being in the City of Toronto, in the Land Registry Office, against which land the City registered a tax arrears certificate on the 9th day of April, 1998, to extend the time period in which the cancellation price payable on this land is to be paid until December 31st, 1998.
2. This agreement shall be in substantially the same form and contain terms and conditions, subject to such amendments as may be required by the Chief Financial Officer & Treasurer and City Solicitor, as set out in Schedule "A" attached hereto and forming part of this By-Law.
3. The Clerk and Chief Financial Officer & Treasurer shall be authorized to enter into this agreement on behalf of the City.
4. This By-Law shall become effective as of the date of the final passing hereof.
ENACTED and PASSED by a majority of the members of the Council present and voting this day of , A.D. 1998.
MAYOR NOVINA WONG
CITY CLERK
SCHEDULE "A"
THIS AGREEMENT MADE IN DUPLICATE THIS th, day of March, A.D., 1998
BETWEEN:
CITY OF TORONTO
Hereinafter called the "Corporation"
- AND -
Salinda Investments Inc.
Hereinafter called the "Owner"
WHEREAS the Owner is the owner of the land in the City of Toronto described as the Parcel 12-1, Section M-1452, being Lot 12, Plan 66M-1452, in the City of Toronto, as set out in Instrument No.A698594 registered in the Land Registry Office for the Land Titles Division (66).
AND WHEREAS the Owner =s land was in arrears of taxes on the 31st day of December, 1996 in the amount of $23,612.29 and a tax arrears certificate was registered in the Land Registry Office, as set out in Instrument No. TB912615, on the 9th day of April, 1997 in respect of the Owner=s land;
AND WHEREAS the Owner =s land is in arrears of taxes on the 1st day of March, 1998 in the amount of $24,089.77;
AND WHEREAS under section 8 of the Municipal Tax Sales Act, R.S.O. 1990, c. M.60, a municipality may by by-law authorize an extension agreement be entered into by the Corporation with owners to extend the period of time in which the cancellation price in respect of the owners' land is to be paid;
NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows:
1. The Corporation hereby extends the period of time in which the cancellation price is to be paid to December 31st, 1998, providing the Owner is not in default hereunder.
2. Despite any of the provisions of this agreement, the Municipal Act, R.S.O. 1990, c. M.45, as amended, and the Municipal Tax Sales Act, R.S.O. 1990, c. M.60, 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 by the sale of the land, during the time that this agreement is in force, so long as the Owner is not in default hereunder.
3. The Owner agrees to pay the Corporation the sums indicated in Appendix 1 attached hereto and forming part of this Agreement in accordance with the schedule of payments indicated thereon.
4. In the event that the Owner defaults in any payment hereunder or is in default of any covenant or condition hereunder and such default continues for a period of seven (7) days, the Treasurer shall give the Owner a notice in writing to remedy the default within a period of seven (7) days from the date of the said notice, and in the event that the Owner fails to remedy the said default within such period, this Agreement shall become null and void and shall cease to be a subsisting agreement as of the date of the default of payment, and, in any other case, as of the date of the Treasurer's notice in writing, and the Owner shall be placed in the position that they were in prior to the entering into of the Agreement.
5. Despite the provisions of paragraph 1, the Owner, or any other person, may on or before December 31st, 1998, pay the balance of the cancellation price and, upon receipt of the said payment by the Corporation, this agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate.
6. In the event that the cancellation price is not paid by December 31st, 1998, then the Owner agrees to consent to and will not object to the sale of the land by the City and shall consent to any court orders necessary to permit the City to sell the said land.
7. This agreement shall extend to and be binding upon and enure to the benefit of the parties and to their respective successors and assigns.
8. Any notice to be given to the parties hereto shall be sufficiently given if sent by registered or certified post to the following addresses:
TO THE CORPORATION:
City of Toronto
(Formerly, City of Etobicoke)
Tax, Water & Licensing Department
399 The West Mall
Etobicoke, Ontario
M9C 2Y2
ATTENTION: Mr. Ed DeSousa
TO THE OWNER:
Salinda Investments Inc.
739 Kipling Avenue
Toronto, Ontario
M8Z 5G6
In WITNESS WHEREOF the Corporation has caused its Corporate seal to be affixed and attested to by its proper signing officers in that behalf, and the Owner has hereto set their hands and seals as of the day and the year first above written.
SIGNED, SEALED AND DELIVERED
CITY OF TORONTO
per:
W.A. LICZYK
CHIEF FINANCIAL OFFICER &
TREASURER
per:
NOVINA WONG
CITY CLERK
OWNER
IN THE PRESENCE OF:
per:
WITNESS SALINDA INVESTMENTS INC.
APPENDIX "1"
CALCULATION OF PAYMENTS REQUIRED
UNDER EXTENSION AGREEMENT
AMOUNT
1. Outstanding taxes, penalty and interest
charges on TAX ARREARS CERTIFICATE
(to December 31, 1997) $23,612.27
2. Additional taxes levied & interest charges subsequent
to tax sale proceedings
(January 1, 1997 - April 9, 1998) 2,869.06
3. Less lump sum payment to be made March 31, 1998 10,000.00
TOTAL ESTIMATED AMOUNT TO BE PAID
UNDER EXTENSION AGREEMENT $18,860.03
TO BE PAID AS FOLLOWS:
1. May 15, 1998 through December 15, 1998 @ $2,000 per month $16,000.00
Balance Due December 31/98 (plus any additional costs) $ 2,860.03
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