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2005-057 To Authorize the execution of a Tax arrears extension agreement I' I \ II . . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-057 Being a By-law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Oro-Medonte has registered on the 15th day of March 2005 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 a municipality may by By-law authorize an agreement with the owner of such land to extend the period of time, which the cancellation price payable on the land is to be paid. NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT an agreement be entered into by the Corporation with 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 March 15th, 2006. 2. THAT the agreement be 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 Clerk be authorized to enter into the agreement on behalf of the Corporation. 4. AND FURTHER THAT this By-law shall have effect immediately upon final passing. BY-LAW READ A FIRST AND SECOND TIME THIS 1ST DAY OF JUNE, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF JUNE, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE - ~~~~ ElL IG THE CORPORATION OF THE TOWNSHIP OF ORO_MEDONTE SCHEDULE" A" BY-LAW NO. 2005-057 Description of the land: Ro\1 # 4346 020-010-0750i CON 7 W PT LOT 3 RP 5iR3999 PART 1 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE "B" BV-LAW NO. 2005-057 THIS AGREEMENT made in triplicate the ist day of June, 2005. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "corporation" -and Garv Macks Hereinafter called the "spouse" WHEREAS the Spouse is the spouse of pamela Joan Macks, the owner of the land in the T ",,",N, 0' 'P,~M"',"" d~"ib,d io S,,,do" "A" """h'" ",," "d 'oemio, part 0' 'hi' agreement. ~D WHEAEAS the ,,;0 .od " 10 ","ffl 0' to,,' '" '" "Id" 0' "",ii, 2005 10 'h' ,moom 0' $ \0,527 .'" ,rnJ , '" ","'ffl ,,,,",,,,to "" """"", 10 ~, A ",,,~ Oft<, '" ~, \5" d', of March, 2005 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 200i, S.O. 2001. C.25 as amended a municipality may by By-law. authorize an extension agreement be entered into by tne Corporation with the spouse of a landowner to extend the period of time in which the callcellation price in respect to the said 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: i. The Spouse agrees to pay to the corporation the sum of $300.00 (three hundred) dollars monthly, payable on the last day of each and every month commencing on the 3i't day of May, 2005. to and including the 31st day of May. 20iO. 2. In addition to paying the amounts provided for in Clause i, the Spouse agrees to pay all taxes levied on the land as they become due during the tenor of this Agreement. 3. Notwithstanding any of the provisions of this Agreement. the Municipal Act, 200i, 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 Clauses i and 2, during the time the Agreement is in force so long as the Spouse is not in default hereunder. 4. In the event the Spouse defaults in any payments required by this Agreement, this Agreement upon notice being given to the Spouse by the Corporation, shall be terminated and the Spouse 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 Spouse. 5. Immediately upon the Spouse 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 land. 6. Notwithstanding the provisions of paragraphS i and 2, the Spouse 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. . , . " Pace 2 Schedule "B" BY-Law No. 2005- If any paragraph or part of paragraphs in fhis Agreemenf be illegal or unenforceable, it orfhey shall be considered separafe and severable from fhe 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. 9'. Any notice required to be given to the Spouse hereunder shall be sufficiently given if senf by regisfered posf fa fhe Spouse at the following address: 149 Mill Pond Sideroad RR #4 Coldwater. Ontario LOK 1 EO In WITNESS WHEREOF fhe Spouse has hereunfo set his hand and seal and the CorporafiOr\ has caused its Corporate Seal to be hereunfo affixed, affesfed by ifs proper Officers. SIGNED. SEALED AND DELIVERED IN THE PRESENCES OF . \e~\~ '\"SGI~", Witness r ~ .~ ' ".,..., _ \; '. '- Wifness ~' \ ~fu" p~~ Witness / (;j{f/ 'ary racks {