2003-023 To authorize the execution of Tax Arrears Extension Agreement (Formerly Bill #T614)
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-023
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(Formerly Bill #T614)
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 23rd
day of December 2002 a tax arrears certificate against the land described in Schedule "A"
attached hereto and forming part of this By-Law.
AND WHEREAS Section 8 of the Municipal Tax Sales Act R.S.O., 1990, Chapter M.60 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:
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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 December 23rd, 2003.
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.
THAT this By-law shall have effect immediately upon final passing.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW READ A FIRST AND SECOND TIME THIS 2nd DAY OF APRIL, 2003.
BY-LAW READ A THIRD AND FINAL TIME THIS 2nd DAY OF APRIL, 2003.
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t/ ~. Nell Craig
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Clerk, ilyn pennycook
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SCHEDULE "B"
BY-LAW NO. 2003- 023
THIS AGREEMENT made in triplicate the 2nd day of
BETWEEN
April
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Corporation"
-and Peter Boken
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 Owner's land is in arrears of taxes on the 18th day of March,
2003 in the amount of $11,476.61 and a tax arrears certificate was registered in the
Registry Office on the 23rd day of December, 2002 in respect of the Owner's land.
AND WHEREAS under Section 8 of the Municipal Tax Sales Act, R.S.O. 1990
Chapter M.60 as amended 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 to the Corporation the sum of $350.00 (three hundred and
fifty) dollars monthly, payable on the 25th day of each and every month commencing
on the 25th day of March, 2003, to and including the 25th day of March, 2008.
2. In addition to paying the amounts provided for in Clause 1, the Owner 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, R.S.O.
1990, Chapter MA5, 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 the 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 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 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 land.
6.
Notwithstanding 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.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Description of the land:
Roll # 4346 010-007-20000
SCHEDULE "A"
BY-LAW NO. 2003-023
PLAN 702 S PT LOT 23
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PaQe 2
Schedule "B"
Bv-Law No. 2003-023
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.
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:
19 O'Brien Street
Site 2 Box C Comp 1
RR3
Shanty Bay, Ontario LOL 2LO
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, SEALED AND DELIVERED IN THE PRESENCES OF
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Witness
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Witness
Witness
Owner, Peter Boken