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2023-037 By-law to Authorize the Execution of a Tax Arrears Extension AgreementThe Corporation of the Township of Oro-Medonte By-law No. 2023-037 A By-law to authorize the execution of a Tax Arrears Extension Agreement Whereas The Corporation of the Township of Oro-Medonte registered on the 13th day of July 2022 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, S.O., 2001, C.25 as amended 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 Township of Oro-Medonte hereby enacts the following as a By-law: 1. THAT an agreement be entered into by The Corporation of the Township of Oro-Medonte, with the owner(s) 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 on the terms and generally in the form of Schedule "B" attached to this By-law; 2. THAT the agreement be substantially the same form and contain the same terms and conditions as set out in Schedule "B", a copy of which is attached hereto. 3. THAT the Mayor and Clerk be and are hereby authorized and directed to enter into the agreement on behalf of the Corporation; 4. THAT this by-law shall take effect upon the final passing thereof. By-law read a first, second and third time, and passed this 14th day of June, 2023 The Corporation of the Township of Oro-Medonte r ayor; Randj eenlaw r. Cler% Yvonne Aubichon Schedule "A" to By-law No. 2023-037 for The Corporation of the Township of Oro-Medonte DESCRIPTION OF THE LAND: Roll # 4346 010 001 22100 1548 Highway 11 PLAN 1237 LOT 3 Schedule "B" to By-law No. 2023-037 for The Corporation of the Township of Oro-Medonte THIS AGREEMENT made in triplicate this 12th day of June, 2023. BETWEEN: The Corporation of the Township of Oro-Medonte (Hereinafter called the "Corporation") -and- Steve Holding Inc. (Hereinafter called the "Owner") Whereas the owner is the owner of the land in the Township of Oro-Medonte described in Schedule "A" attached hereto and forming part of this Agreement; And Whereas the Owners land is in arrears of taxes on the 30th day of May 2023 in the amount of $25,716.53 and a tax arrears certificate was registered in the Land Registry Office on the 13th day of July 2022 in respect of the Owners land; And Whereas pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended 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(s) 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)/Spouse/Mortgagee/Tenant's 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 Act, 2001; 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 Corporation will extend to the 12th day of June 2024 the payment period for the cancellation price payable in respect of the land. 2. The Owner will make payments to the Corporation in accordance with Schedule "B" attached hereto. 3. In addition to paying the amounts provided for 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 (5) five 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. 4. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.O. 2001, C.25, 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 paragraph 2 and 3, during the time the Agreement is in force so long as the Owner is not in default hereunder. Schedule "B" to By-law No. 2023-037 for The Corporation of the Township of Oro-Medonte 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, this Agreement shall be terminated, and the Owner shall be placed in the position they were 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 tax arrears cancellation certificate in respect of the said 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. 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 9. 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. 10. 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 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. 11. Any notice required to be given to the Owners hereunder shall be sufficiently given if sent by registered post to the Owners at the following address: 188 Epsom Downs Drive North York, Ontario M3M 1S9 In Witness Whereof the Owner has hereunto set his hand and seal and the Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper Officers. Signed 14. and der - edthe presence of / r ayor, R. Greenlaw�,, Clerk Y. Aubichon Witness Ste Treasurer, Nelly Morrow Schedule "B" to By-law No. 2023-037 for The Corporation of the Township of Oro-Medonte PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: The Owner agrees to pay to the Corporation the sum of $2,500.00 (two thousand five hundred dollars) monthly, commencing on the 19th day of June 2023 to and including the 19th day of June, 2024.