2002-066 Authorize the execution of an agreement between Oro-Medonte and Municipal Property Assessment Corporation for the provision of a vacancy verification serviceI
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-66
BEING A BY-LAW TO AUTHORIZE THE EXECTION OF AN AGREEMENT BETWEEN
THE TOWNHIP OF ORO-MEDONTE AND MUNICIPAL PROPERTY ASSESSMENT
CORPORATION FOR THE PROVISION OF A VACANCY VERIFICATION SERVICE.
WHEREAS the Municipal Act, R.S.O. 1990, c. M.45, Section 442.5, as amended, requires the
municipality to establish a vacancy rebate program for eligible property;
AND WHEREAS the Municipal Property Assessment Corporation provides a vacancy verification
service;
AND WHEREAS the Council of the Township of Oro-Medonte deems it desirable to enter into an
agreement with the Municipal Property Assessment Corporation for the provision of the said service;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
1. THAT the Treasurer is hereby authorized to sign an agreement between the Corporation of
the Township of Oro-Medonte and the Municipal Property Assessment Corporation, said
agreement attached hereto as Appendix "A" and forming part of this by-law.
2. That this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 5rH DAY OF JUNE, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5TH DAY OF JUNE, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
V<
ayor, J. Neil Craig
Clerk, Marilyn Pennycook
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THIS AGREEMENT made this 27 day of May, 2002.
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The Corporation of the Township of Oro-Medonte
hereinafter called the 'municipality"
OF THE FIRST PART
-and-
The Municipal Property Assessment Corporation
hereinafter called "MPAC"
WHEREAS pursuant to section 442.5 of the Municipal Act the municipality has the
obligation to establish a vacancy rebate program for eligible property;
AND WHEREAS MPAC is the assessment corporation referred to in the Municipal Act
and Regulation 325/01;
AND WHEREAS the municipality wishes to retain MPAC to provide certain services in
connection with the processing of applications for vacancy tax rebates;
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THIS AGREEMENT WITNESSES that the parties have agreed as follows:
1. The municipality hereby retains MPAC to perform some or all of the following
services:
(a) Upon receipt of a copy of a properly completed application for vacancy tax
rebate MPAC shall use reasonable efforts to investigate the accuracy of the
facts set out in the application and any supporting documentation forming
part of the application or any other factual matter pertaining to the
application as may be requested in writing by the municipality; and.
(b) MPAC shall report its findings to the municipality within 60 days from
receipt of a copy of the properly completed application.
(c) Upon separate request of the municipality MPAC shall make available a
witness to testify before any court or tribunal regarding any findings made
by MPAC under this agreement.
2. It is clearly understood that MPAC will not provide legal advice or opinion to any
parties regarding the entitlement to any vacancy tax rebate on any application
made.
3. To enable MPAC to carry out its investigative services as set out in paragraph
I(a), the municipality shall designate in writing such employees of MPAC as
MPAC may require pursuant to 442.5(6) of the Municipal Act.
4. The municipality shall pay MPAC for the services provided under this agreement
as set out in Schedules "A" and "B" to this agreement.
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5. This agreement shall be effective from the date hereof and shall continue until
terminated by either party on 30 days written notice to the other.
6. No action or other proceeding shall be commenced by the municipality against a
director, officer, employee or agent of MPAC for any act that is in good faith done
or omitted in the performance of services under this agreement.
7. Notice under this agreement shall be given in writing as follows:
To MPAC:
Municipal Property Assessment Corporation
Vacancy Verification Service
50 Bloomington Road West
2nd Floor
P.O. Box 2700
Aurora, Ontario
L4G 6J8
To the municipality:
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The Corporation of the Township of Oro-Medonte
148 Line 7 S., Box 100
Oro, Ontario LOL 2X0
IN WITNESS WHEREOF the parties have executed this agreement.
Paul Gravelle, Treasurer
I have authority to bind the corporation
Mr THE MUNICIPAL PROPERTY ASSESSMENT CORPORATION
Mario Vittiglio, Vacancy Verification Se , Coordinator
I have authority to bind the corporation
SCHEDULE -A"
PAYMENT PROVISIONS
1. The municipality shall pay for all services provided by MPAC under 1(a)
and 1(b) of this agreement at the following schedule of rates:
On applications for vacancy of space in simple Commercial/Industrial
properties, including, but not limited to, properties to which MPAC has
assigned property codes 401, 406-412, 420-422, 430, 432, 471, 520, 530,
531, 575 and 580, the rate shall be $84.00 per application plus $21.00 for
each portion in excess of three portions for which vacancy rebate is
claimed in the application, plus properly incurred disbursements, plus any
applicable taxes.
On applications for vacancy of space in complex/unique
Commercial/Industrial properties, including, but not limited to, properties
to which MPAC has assigned property codes 400, 428, 429, 500-515, 521,
522, 550, 556-560, 566, 700, 710, 725, 741, 742 the rate shall be $84.00
per hour, plus properly incurred disbursements, plus any applicable taxes.
2. MPAC shall invoice the municipality on a monthly basis; payment by the
municipality shall be made within 30 days of receipt of invoice. Overdue
invoices shall bear interest at the rate of Prime plus I%.
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SCHEDULE "B-
' PAYMENT PROVISIONS
1. The municipality shall pay for all services provided by MPAC under 1(c)
of this agreement at the rate of $100.00 per hour plus properly incurred
disbursements, plus any applicable taxes.
2. MPAC shall invoice the municipality on a monthly basis; payment by the
municipality shall be made within 30 days of receipt of invoice. Overdue
invoices shall bear interest at the rate of Prime plus I%.
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