Loading...
2002-137 To authorize the execution of a Tax arrears extension agreement. I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-137 e (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 27th day of December 2001 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-Jaw 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 Elmvale Realty Limited 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 27'h, 2002. 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 18th DAY OF December, 2002. BY-LAW READ A THIRD AND FINAL TIME THIS 18th DAY OF December, 2002. . o ~ /A~~ ./ .. .... ~ ----~or, J. Neil Craig ~ ~04' ~ _ a CI~k, Marilyn Pennycook e . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE "B" . BY-LAW NO. 2002-137 THIS AGREEMENT made in triplicate the If?Q..dayof December, 2002. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" -and Elmvale Realtv Limited 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 5th day of December, 2002 in the amount of $6,234.75 and a tax arrears certificate was registered in the Registry e Office on the 27'h day of December, 2001 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 $200.00 (two hundred) dollars monthly, payable on the 31st day of each and every month commencing on the 31st day of January, 2003, to and including the 31st day of January, 2007. 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. . . e -- . Paqe 2 Schedule "B" Bv-Law No. 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: 83 Mt St Louis Rd W RR #4 Coldwater, Ontario LOK 1 EO 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 ~vf~€D Witness l:2W~ May r~ J: Neil Craig. , wner, Paul Patchell for, Elmvale Realty Limited