2007-116 To Authorize the Execution of a Tax arrears extension agreementTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2007-116
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 Gorporation of the Township of Oro-Medonte
hereby enacts as follows:
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. THAT this By-law shall have effect immediately upon final passing.
BY-LAW READ A FIRST AND SECOND TIME THIS 14T" DAY OF NOVEMBER,
2007.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 14T" DAY OF
NOVEMBER, 2007.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
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Clerk, J. Douglas Irwin
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SCHEDULE "A"
BY-LAW NO. 2007-116
Description of the land:
Rall # 4346 020 007 06901 Concession 5 W Pt. Lot 20
RP51 R10478 Part 1
THE GORPORATION OF THE TOWNSHIP OF ORO-IUIEDONTE
SCHEDULE "B"
BY-LAW NO. 2007-116
THIS AGREEMENT made in triplicate the 14"'day of November, 2007.
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Corporation"
-and Brian Reginald Jennett
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 farming part of this agreement.
AND WHEREAS the said land is in arrears of taxes on the24th day of October, 2007
in the amount of $12,605.75 and a tax arrears certificate was registered in the Registry
Office on the 15`h day of March, 2005 in respect of the said land.
AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001,
C.25 as amended a municipality may by By-law, authorize an extension agreement be
entered into by the Corporation with the landowner to extend the period of time in which the
cancellation 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:
1. The Owner agrees to pay to the Corporation the sum of $250.00 (two hundred and
fifty} dollars bi-weekly, commencing on the 1st day of November, 2007, to and
including the 1st day of November, 2012.
2. In addition to paying the amounts provided far in Glause 1, the Owner agrees to pay
all taxes levied on the land as they become due during the tenor of this Rgreement.
3. 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 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.
Page 2
p Schedule "B"
By-Law No. 2007-116
$. 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 farce and effect and shat( be
binding. upon the Parties hereto as though the said paragraph or paragraphs ar 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:
5995 Line 5 N
RR 1
Midland ON
~4R 4K3
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
Mayor, H.S. Hughes
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Crk, J Douglas (Twin
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caner, Brian Reald Jennett